How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you may be entitled to compensation. The amount of compensation you receive will depend on a number of variables.

The process of bringing a lawsuit begins with your attorney filing an complaint against the defendants. Both sides will engage in discovery, where they will share information and evidence, including medical records.

Medical expenses

Medical costs associated with a birth injury can vary significantly based on the nature of your child's injuries. For example, broken bones may require surgery to fix them and can result in long-term physical therapy costs. Similar to that, nerve damage from physical pressure or rough handling could cause long-term pain and limitations. Your lawyer will assess your child's medical requirements and estimate the costs for treatment over the course of their lives to ensure enough compensation to cover these.

You will have to establish that the healthcare professional owed you an obligation, that they violated this duty and that their failure caused your child's injuries. The most common way to prove this is for medical experts to analyze the case and provide an opinion based on their experience.

Based on the circumstances depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your baby, the assistants, and the hospital which the birth occurred. Your legal team will write letters to each of these parties notifying them that a claim for medical malpractice has been made and that they have the chance to settle the issue prior to filing a lawsuit.

Pain and suffering

A birth injury lawsuit could result in compensation for physical and emotional injuries suffered by children. The amount of damages a family receives depends on the severity of the injuries and their effects on a child's daily life.

Parents must show that the medical professional or birth Injury the facility did not operate in accordance with the standard of care to win a claim. It means that a physician or hospital's actions, or inactions, caused an injury to a patient. Both sides often hire medical experts to help define the acceptable standards. Specialists, such as obstetricians, are held to higher standards.

Most birth injury cases settle rather than going to trial. Trials are costly, time-consuming and costly. Settlements allow families to receive the financial benefits much faster and in a less threatening process. Settlements also ensure that children's future requirements are taken care of. This could include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award a jury could make in a birth injury case. They are often awarded to punish the offender and to deter others from doing similar offenses. The aim of these awards is to make the victims believe that their case was taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including economic damages. If they are deemed appropriate, they can also file a lawsuit for punitive damages. Punitive damages are based on the defendant's behavior as well as the conclusion of moral wrongdoing. They typically amount to four times the other damages granted.

A lawyer can assist you to get a substantial amount of money for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Certain states limit the amount of compensation the victim could receive. Virginia, for example, restricts damages to the cost of medical care up to the tenth birthday of a victim. Other states have limitations on pain and suffering, as well as other types of damages.

Damages for non-economic damages

In many cases, injuries sustained by a child require ongoing treatment. This includes medical care as well as therapies and other expenses. This could include the possibility of losing future earnings if the injury interferes with the child's capacity to work and earn an income. This is referred to as loss of consortium.

Your lawyer will help you estimate the full cost of your child's injury including non-economic damages. They will collaborate with experts to construct an argument to demonstrate how badly your child was harmed and the effects on their life. They will also use experts' testimony to prove that the doctor did not fulfill their duty of care.

They can also demand access to your child's medical records. They are crucial to your case. It is crucial to request these immediately if you suspect a birth injury as they are often lost or misplaced. They can also be destroyed. Your attorney can assist you in obtaining these documents as fast as possible.

Damages for economic damage

A birth injury law firm injury can result in a variety of expenses that are not immediately obvious. These include medical charges that have already been paid, as well as the anticipated costs of future therapy such as in-home or institutional treatment as well as adaptive equipment, medication and travel to and away from doctor's and therapist's appointments.

Furthermore, a disability that is severe can make it difficult for an individual to earn a living wage. This could also have an impact on the financial health of the family. Parents might need to quit their job, or even quit their job completely to take care of an ailing child, which can lead to a loss of wages.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine the maximum amount they could be awarded. When a jury or court decides to award damages, they take into account the victim's needs throughout their life. The more accurate the estimation of future medical costs and losses, the more the amount of compensation will be. Non-economic damages are difficult to put a price on, but they can be granted as well. They include emotional distress, suffering, loss in quality of life, and loss of consortium.