Birth Injury Compensation

If your child suffers a birth injury as a result of negligence by a doctor or other wrongful decision, it could be devastating. These injuries often require lifetime treatment and Vimeo treatment, which can result in huge financial burdens.

Many birth injury cases also require a lengthy debate on medical errors versus malpractice. Our lawyers can assist you understand the differences.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury and the impact it has on the child's life in determining the amount of compensation to be awarded. If a child needs extensive medical treatment that lasts over time the value of the claim will rise.

The medical treatment for birth injuries can be costly. Compensation for birth injuries can help families pay for these expenses. Lawyers often work with experts in putting together a "Life Care Plan" which estimates the lifelong costs incurred by a child's injury. These costs include hospitalization, surgery, medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will gather medical records from your child's pregnancy and birth and also firsthand stories from family members. These will be used to demonstrate that your child suffered an injury due to negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have medical indemnity fund that provides financial aid to families of children who have suffered birth injuries. These funds collect the portion of malpractice insurance premiums or require hospitals and doctors to contribute to the resource pool. In addition to providing monetary assistance, these programs may reduce the requirement for families to pursue a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and should be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have long-term medical needs. These needs include physical therapy, specialized equipment and home health care. Often, these costs can be quite substantial.

A life-care plan is a document that outlines the future medical educational, in-home, and other costs a disabled child will incur for the rest of his or their life. These plans are used to calculate the economic portion awarded in a case of birth injury. These plans must be comprehensive and carefully drafted in order to satisfy the strict requirements of admissibility.

Life-care experts can help develop these documents using input and formal opinions from a child's doctors as well as therapists and caregivers. The plans include a comprehensive account of the injury and vimeo the diagnosis. They describe the underlying reason for the disability and its long-term consequences.

A medical malpractice attorney should work with a life-care planner to draft the best possible plan for their client's needs. The goal of the plan is to ensure your child receives adequate compensation to cover their future expenses and medical care. The funds are usually put into a trust account for special needs, which is managed by an approved administrator. Typically the amount given will be adjusted regularly to accommodate changes in your child's needs.

Suffering and Pain

In a birth-related injury case the damages awarded are for the plaintiff's past and future pain and suffering. This includes physical and mental discomfort caused by the injury, as also the inability to take part in activities that others could be able to do.

It is also possible to recover earnings if the injury of a victim hinders their professional options or prevents them working at all. Families may also be compensated for the care and treatment of an injured child.

Medical malpractice cases usually have very high verdicts because juries tend to show empathy for the victims and hold doctors accountable for their mistakes. This is why many hospitals and doctors prefer to settle instead of undergoing the possibility of a trial, which is expensive and stressful for all parties involved.

Both sides will collect evidence to support their arguments in the course of trial. They will also exchange documents during a process called discovery, which includes deposing witnesses to get their statements under swearing. In most states, defendants can also ask to see the plaintiff's records.

An attorney with experience in this type of situation is needed to make a successful claim for birth injury. An experienced attorney will review your case to determine whether you have a valid lawsuit and work to find the most effective settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damage awards, intended as a stern warning to deter future negligence. These damages are awarded when there is a substantial amount of negligence or malice on the part of the doctor. However, they are rare in cases of birth injuries.

After identifying the defendants, the attorney needs to gather and review the evidence to support the claim. They must prove that the injuries caused by the medical professionals failed to meet an acceptable standard of care. The legal team also has to provide evidence of losses associated with the injuries, referred to as "damages." These damages can be either economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs including long-term treatment facilities and other services. It is also possible to include the loss of earnings if the injury led one or both parents to quit their jobs.

The legal team will draft a demand package that they will present to malpractice insurance companies. This document will describe the birth injuries, and their impact on the child as well as the family, and ask for compensation for these losses. The lawyers will negotiate until a settlement has been reached with the medical practitioners. During the discovery process, lawyers will exchange information with other party about their cases. This may include depositions of witnesses who testify on oath.