Birth Injury Compensation

If your child is suffering from a birth injury as a result of the negligence of a doctor or an unjust act, it can be devastating. These injuries usually require lifelong treatment and care, leaving you with huge financial burdens.

In addition, many exeter birth injury law firm injury cases involve a complex debate about medical malpractice versus medical errors. Our lawyers can explain the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges look at the severity of the birth injury and the impact it has on the child's development in determining the amount of compensation to be paid. For instance, if a child requires continuous medical treatment, this will increase the value of a claim.

Medical treatment for birth injuries is often expensive. Compensation for birth birth injury can assist families in paying for these costs. Lawyers often work with experts to put together a "Life Care Plan" which calculates the life-time costs incurred by a child's injury. These include hospitalization costs and surgical procedures, as well as specialized medical treatment and prescriptions, home improvement projects and equipment, and much more.

Your legal team will collect medical records from your child's birth and pregnancy as well as personal accounts from relatives. These records will be used to demonstrate that your child suffered an injury as a result of negligence on the part of a medical professional and to prove the extent of the damage caused.

Many states have medical indemnity funds, which provide financial assistance to families with children who have suffered birth injuries. These funds take a percentage of malpractice insurance premiums. They also require doctors and hospitals to contribute to the pool of resources. These programs can offer families financial support and lessen the need to file a lawsuit. However, JLARC staff found that these programs don't always achieve their goals and could be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic ischemic brain disease will have long-term medical needs. These include physical therapies as well as specialized equipment and home health treatment. In many cases, these expenses can be substantial.

A life-care planning document one that lists the future medical, educational home, and other expenditures that a child who has disabilities will endure throughout their lifetime. These plans are commonly used to determine the amount of damages awarded in a birth injury case. They should be comprehensive and carefully drafted to meet the strict evidentiary requirements for admission in court.

Experts in life-care planning can assist in the development of these documents based on the their input and the formal opinions of a disabled child’s doctors, therapists, and caregivers. The plans include a detailed description of the initial injury and its diagnosis. They outline the root causes of the disability as well as the long-term effects.

A medical malpractice lawyer must work with a life care planner to draft the most suitable plan for their client's situation. The plan's goal is to ensure that your child is compensated enough to cover all of their future costs and expenses. The funds are usually placed into a special-needs trust that is managed by a reputable administrator. Typically the amount granted will be adjusted over time to meet changes in your child's future needs.

Pain and Suffering

In cases involving birth injuries and birth damages are awarded to compensate the plaintiff for any future pain and discomfort. This includes mental and physical distress from the injury, and also an inability to engage in activities normally enjoyed by others.

It is also possible to get compensation the loss of income if the victim's condition limits their professional options or prevents them from working in any way. Families can also be compensated if they are required to assist in the care of an injured child.

The verdicts in medical malpractice cases are typically extremely high because juries are often compassionate towards victims and hold doctors responsible for their mistakes. Many doctors and hospitals opt to settle rather than risk a trial that is expensive and stressful for all parties involved.

During the lawsuit lawyers on both sides will gather evidence to back their arguments. They will share documents in the course of discovery, which involves interviewing witnesses to obtain their statements under swearing. The defendants can also ask to see the plaintiff's medical records and are legal in the majority of states.

A successful birth injury lawsuit requires a skilled lawyer in these types of cases. An experienced attorney will review your case to determine whether you have a valid claim and will work to get the best settlement.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages, which are meant to convey a message and deter future negligent behavior. The award of these damages is made when there is a high level of negligence or malice on the part the doctor. They are not common in cases of naperville birth injury law firm injuries.

After identifying the defendants, the attorney needs to gather and evaluate the evidence in support of the claim. They must prove that the injuries caused by medical professionals were not up to a high standard of care. The legal team must prove the losses that were incurred with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are figured out by making estimates of ongoing treatment costs including long-term facilities and other services. They may also include lost earnings if a traumatic event caused both or one parent to lose their job.

The legal team will then prepare a demand letter for the malpractice lawyers. This document will describe the birth injuries and their effects on the child and family, and request compensation for the loss. The lawyers will negotiate until a settlement has been reached with the medical practitioners. During the discovery process, attorneys will share information with the other party regarding their case. This includes depositions of witnesses who are required to testify under oath.