Birth Injury Compensation

It can be devastating If your child suffers a birth injury as a result of negligence by a doctor. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.

Many birth injury cases require a lengthy debate on medical errors versus malpractice. Our lawyers can clarify the distinctions.

Costs of Treatment

When determining how much to pay for a birth injury the attorneys of insurance companies and judges look at the extent of the injury and Birth Injury lawsuit its impact on the child's quality of life. For instance the child who suffers from a medical condition requires extensive ongoing medical treatment that will increase the value of a claim.

Medical treatment for birth injuries can be extremely expensive. Compensation awarded for birth injury lawsuit a birth injury can help families cover these expenses. Lawyers and experts frequently collaborate to develop an "Life Care Plan" that calculates the costs of a child's injury over the course of a lifetime. These costs include hospitalization, surgeries, specialized medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will gather medical records from the time of your child's birth and pregnancy and also firsthand accounts from family members. These documents will be used to prove that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have passed medical indemnity funds in order to help families of children who suffer from birth injuries. These funds collect a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to an account of resources. In addition to providing financial assistance, these programs could also reduce the requirement for families to bring a lawsuit. JLARC staff however, discovered that these programs didn't always meet their goals, and should be improved.

Life Care Planning

Children with conditions such as hypoxic or cerebral palsy will need medical care throughout their lives. These requirements include physical therapy, special equipment and home health. These expenses can be substantial.

A life-care plan is a document that outlines the future medical education, in-home, and other costs the child with disabilities will be liable for for the rest of his or his or her life. These plans are commonly used to determine the amount of the damages awarded in a birth injury lawsuit. The plans must be precise and carefully drafted in order to meet the strict requirements of admissibility.

Life-care planning experts can help in the creation of these documents with information and formal opinions from the child's doctor as well as therapists and other caregivers. The plans provide a detailed narrative about the initial injury and its diagnosis. They explain the underlying causes of the disability and their long-term effects.

A medical malpractice lawyer should collaborate with a health care planner to develop the most suitable plan for their clients' situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover all of his or her future expenses and medical care. The funds are usually placed into a special needs trust, which is overseen by a licensed administrator. The amount of money awarded is typically adjusted regularly to reflect the changing requirements of your child.

Pain and Suffering

In a birth injury lawsuit there are damages awarded for a plaintiff's past and future suffering and pain. This includes the physical and mental discomfort caused by the injury, as and the inability to engage in activities that others are able to perform.

It is also possible to recover the loss of income if a victim's disability limits their career options or prohibits the person from working at all. Families may also be compensated to care for an injured child.

Medical malpractice cases usually have very high verdicts, since juries tend to show sympathy for victims and hold doctors accountable for errors. Many doctors and hospitals prefer to settle rather than risk a trial that is expensive and stressful for all involved.

Both sides will gather evidence to prove their arguments during the trial. They will share documents during a process called discovery, which is the process of deposing witnesses to get statements under oath. The defendants could also ask to review the medical records of the plaintiff as it is legal in many states.

A successful birth injury attorney injury claim requires a lawyer with experience in these kinds of cases. An experienced lawyer will evaluate your case to determine whether you are entitled to a lawsuit and work to find the most effective settlement.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damages, intended as a stern warning to prevent future negligence. These damages can be awarded when there is a high degree of negligence or malice on the part the doctor. However, they are not common in cases of birth injuries.

After identifying the defendants, the attorney must gather and analyze the evidence to support the claim. They must prove that the injuries sustained by medical professionals did't meet the standard of care. The legal team is also required to provide evidence of the losses associated with these injuries, referred to as "damages." This information could be either economic or non-economic in nature.

Economic losses are usually calculated by estimating the cost of the child's ongoing care, which includes long-term care facilities as well as other services. They could also consider loss of earnings in the event that the injury caused one or both parents to leave their jobs.

The legal team will prepare a demand package to be presented to the malpractice insurance companies. This document will describe the birth injury lawyers injuries and their effect on the child and family, and demand compensation for these losses. The lawyers will negotiate with the medical providers until an agreement is reached. During the discovery process, lawyers will share information with the other party on their case. This includes depositions of witnesses who swear to testify under oath.