How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, you may be entitled to compensation. Generally, the amount of money you get will be contingent on a variety of factors.

The lawsuit process begins by your attorney submitting a complaint against the defendants. Both sides will participate in discovery, where they will share information and evidence, including medical records.

Medical expenses

The medical costs associated with birth injuries vary in relation to the severity the injury. For example broken bones could require surgery to fix them and can lead to ongoing physical therapy costs. In the same way nerve damage resulting from manual pressure or rough handling can cause permanent discomfort and limitations. Your lawyer will review your child's medical needs and estimate the lifetime treatment costs to seek sufficient compensation to cover these.

You must prove that a healthcare professional owed an obligation to you, and that they violated that obligation, and that the breach led to injuries to your child. It is generally required to have medical experts review the case and offer their opinions basing on their previous experience.

Depending on the situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth injury law firm took place. Your legal team will send letters to all of these parties, advising them that a medical malpractice lawsuit has been filed and they will be given an opportunity to settle the matter prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in the payment of compensation for physical and emotional injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injuries and their impact on the child's life.

To win a claim, parents must prove that a medical professional or a facility did not act in accordance with the standards of care. It is a way of saying that a physician or hospital's actions, or inactions, caused a medical injury. Medical experts are often engaged by both sides to determine the standard. Specialists, like Obstetricians, are held to higher standards.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be expensive, time-consuming and costly. A settlement allows families to receive financial compensation sooner and in a more friendly way. Settlements ensure that future needs of a child are addressed. This could include the cost of a disability van and home modifications, as well as specialized equipment and ongoing medical treatment for illnesses such as cerebral palsy.

Punitive damages

In a case of birth injuries, punitive damages can be the most severe judgment that a jury can award. These damages are often awarded in order to punish the perpetrator and deter others from doing the same. The aim of these awards is to make the victims believe that their cases were considered seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They can also file a lawsuit for punitive damages, if they are appropriate. Punitive damages are based on the defendant's behavior and a finding of moral indecency. They typically amount to four times the amount of other damages.

A lawyer can help you get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states have caps on the amount of compensation the victim could receive. Virginia, for example, limits damages to the cost of healthcare up to a victim's tenth birthday. Other states limit damages for suffering and pain and other kinds of damages.

Damages for non-economic damages

In most cases, the injuries suffered by children will require lifetime care. This can include medical treatment as well as therapies and other costs. It could also include future lost earnings if the injury affects the child's ability to work and earn an income. This is known as loss consortium.

Your lawyer will assist in calculating the total cost of your child's injury, including economic damages as well as. They will work with experts to create a case that demonstrates the extent to which your child was harmed and the impact on their life. They also will use expert witness testimony to prove the doctor's breach of duty of care.

They could also request access to the medical records of your child. They are essential to your case. They are important to request as quickly as possible if you suspect an injury to your birth. They can be lost, misplaced or destroyed. Your attorney can assist you in obtaining these documents as soon as possible.

Damages for economic damage

A birth injury can result in a myriad of costs that aren't immediately obvious. These include medical bills already paid as well as the projected costs of therapy to come and care at home or in a hospital medications, adaptive equipment and transportation to and from therapist and doctor's appointments.

A disability that is severe can restrict the ability of an individual to earn a living. This can also impact the finances of the family. Parents might have to take a break from their work or cease working altogether to take care of a disabled child. This could lead to lost income.

Parents who are pursuing a claim for birth injuries must keep track of all these expenses and losses to determine their maximum possible award. When a judge or lawsuit jury gives damages, they take into consideration the needs of the victim throughout their life. The more precise the estimate of the future medical expenses and losses, the greater the amount of award will be. Non-economic damages can be difficult to put a price on, but they can be also awarded. These may include emotional suffering, distress, loss of quality of life and loss of consortium.