How a Birth Injury Claim Works

If a medical professional was negligent and your child suffered injuries at birth, you may be entitled to compensation. In general, the amount money you get will be contingent on a number of factors.

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

Medical expenses

Medical costs for birth injuries vary according to the severity of the injury. Broken bones, for example, may require surgery and long-term therapy. Also, nerve damage caused by pressure applied manually or rough handling during delivery can cause permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the cost of treatment over the course of their lives to ensure that you get the right amount of compensation.

You will need to establish that the healthcare professional owed you the duty of care, that they violated this duty and that their lapse resulted in your child's injuries. It is common for medical experts to analyze the situation and give an opinion based on their own experience.

Depending on the circumstances, you could be able mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital in which the birth took place. Your legal team will write letters to each of these parties informing them that a medical negligence claim has been filed and that they are given the chance to settle the issue prior to filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in a settlement for physical and emotional injuries sustained by a child. The amount of damage the family is awarded is determined by the severity of the injury and its impact on the child's life.

In order to win a case parents must prove that an medical professional or birth injury lawsuit institution failed to act according to the standards of care. It is a way of saying that a physician or hospital's actions, or inactions, caused injuries to patients. Medical experts are often consulted by both sides to help determine the standard. Obstetricians and specialists are held to higher standards than generalist doctors.

Most cases involving birth injury lawyer injuries settle, rather than go to trial. Trials are risky, lengthy and expensive. A settlement provides families with financial compensation earlier and in a less threatening process. Settlements also ensure that a child's future requirements are fulfilled. This could include the costs of a disability van or home modifications, as well as specialized equipment in addition to regular medical treatment for ailments like cerebral palsy.

Punitive damages

Punitive damages are the most severe award a jury may make in an injury case involving birth. They are usually given to punish the perpetrator and deter others from committing similar offenses. They also aim to make victims feel their case has been taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim, birth injury lawsuit including non-economic damages. They can also file a lawsuit for punitive damages, in the event that they are appropriate. Punitive damages are based on the defendant's behavior and an indictment of moral wrongdoing. They are typically four times the amount of other damages awarded.

A lawyer can assist you to win a significant award for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states put caps on the amount of compensation a victim could receive. Virginia, for instance, limits damages up to the cost of treatment up to the victim's 10th birthday. The other states have limitations on pain and suffering, as well as other damages.

Damages for noneconomic damages

In a majority of cases, a child's injuries will cause ongoing treatment. This includes medical treatment as well as therapies and other expenses. This may include the loss of future wages if the injury is interfering with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you estimate the full costs of your child's injuries which includes non-economic damages. They will collaborate with experts to construct an argument to demonstrate how severely your child was harmed and the effect on their life. They will also make use of expert witness testimony to prove the doctor's violation of duty of care.

They can also request access to your child’s medical records. These are crucial to your case. It is important to obtain them when you suspect that there is a birth injury because they are often lost or misplaced. They can also be destroyed. Your attorney can assist in obtaining these documents as soon as possible.

Economic damages - Damages

A birth injury can cause a number of costs that may not be apparent immediately. These costs include medical bills that have already been incurred, as well as the projected costs for therapy in the future home care, institutional treatment, medications, adaptable equipment, and travel to and from doctor and therapist appointments.

A severe disability can limit an individual's ability to earn a living wage. This can also cause a ripple effect on the family's finances. Parents may be forced to take a break from their work or cease working altogether to care for the child with disabilities. This can result in the loss of wages.

Parents who file a claim for birth injury should keep track on these costs and losses to determine the amount they could receive. When a jury or a court awards damages, they take into consideration a victim's long-term needs. The greater the amount is, the more precise the estimation of future medical costs. Non-economic damages are harder to quantify however they can be also awarded. They include emotional suffering, distress loss of quality of life and loss of consortium.