How a Birth Injury Claim Works

You may be entitled to compensation in the event that a medical professional has been negligent and your child is injured during the birth. The amount of compensation you receive depends on several factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will engage in discovery, during which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses related to birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for instance may require surgery and long-term therapy. Additionally, nerve damage caused by manual pressure or rough handling during birth could cause chronic discomfort and even limitations. Your lawyer will evaluate the needs of your child and estimate the cost for treatment over a lifetime to ensure you receive enough compensation.

You must show that the healthcare professional owed you an obligation, that they breached this duty and that their failure resulted in your child's injuries. It is common for medical experts to analyze the case and give an opinion based on their experiences.

Depending on the circumstances, you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, his medical assistants and the hospital which the birth occurred. Your legal team will send letters to each of these parties, advising them that a medical negligence claim has been filed and that they have the chance to settle the issue prior to filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for the emotional and physical harms suffered by the child. The amount of compensation the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

Parents must prove that the medical professional or facility did not operate in accordance with the standard of care to prevail in an award. It means that a physician or hospital's actions or inactions caused a medical injury. Medical experts are often engaged on both sides to define this standard. Obstetricians who are specialists are held to higher standards than generalist doctors.

Most birth injury cases settle rather than going to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive financial assistance sooner and in a more amiable manner. Settlements also ensure that children's future requirements are fulfilled. This can include the cost of a disability van, home modifications and specialized equipment and regular medical treatment for ailments like cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages may be the most severe decision that a jury could make. They are often given to punish the perpetrator and deter others from making similar mistakes. These awards are also intended to make victims feel that their case has been taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including economic damages. They can also bring a lawsuit for punitive damages, as long as they are legal. Punitive damages are granted based on the defendant's behavior or on a remark of moral immorality. They usually amount to four times the amount of other damages that are awarded.

A lawyer can help you win you a significant award to help cover medical costs for your child and Vimeo other financial losses. They can also file a lawsuit for emotional trauma and other non-financial losses. Some states have caps on the amount of compensation the victim could receive. Virginia is an example. Virginia caps damages at the cost of treatment up to the victim reaches their tenth birthday. Other states restrict damages for pain and suffering in addition to other types.

Damages for non-economic damages

In a majority of cases children's injuries cause long-term medical treatment. This includes medical treatments, therapies, and other costs. It could also include future loss of earnings if the injury is affecting the child's ability to work and make money. This is referred to as loss of consortium.

Your lawyer will assist you in calculating the cost of your child's injury, including non-economic damages. They will work with expert witnesses to construct a convincing argument to demonstrate the severity of your child's injuries and their consequences on his or her life. They will also use expert testimony to prove that the doctor violated their duty of care.

They can also demand access to your child’s medical records. These are vital to your case. It is important to get them immediately if you suspect a birth injury as they are frequently lost or lost, or destroyed. Your attorney can help you get these documents as swiftly as possible.

Damages for economic damage

A birth injury could result in a number of expenses that might not be immediately apparent. These include medical expenses already incurred, as well as projected costs for Vimeo therapy to come home care, institutional treatment, medications, adaptive equipment, as well as transport to and from doctor and therapist appointments.

A disability that is severe can hinder an individual to earn a living. This could also impact the financial health of families. Parents may have to quit their jobs or cease working altogether to care for disabled children. This can lead to lost income.

Parents who seek a birth injury claim must keep track of all costs and losses in order to determine the amount they can be awarded. When a judge or jury decides to award damages, they take into consideration the needs of the victim throughout their life. The higher the amount awarded, the more accurate the estimate is of future medical costs. Non-economic damages are more difficult to put a price on but they can be granted as well. These may include emotional distress, pain and suffering and loss of quality of life, and loss of consortium.