How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries during birth, you could be entitled to compensation. Generally, the amount of compensation you receive will depend on a number of factors.

The process of bringing a lawsuit begins by your attorney submitting an action against the defendants. Both sides will participate in discovery, where they will exchange information and evidence, birth injury which could include medical records.

Medical expenses

Medical expenses associated with a birth injury can vary in a significant way based on the nature of your child's injuries. Broken bones, for instance could require surgery as well as long-term therapy. Also, nerve damage caused by pressure applied manually or rough handling during birth can result in permanent limitation and pain. Your lawyer will analyze the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure that you get the right amount of compensation.

You will have to prove that the healthcare professional was owed obligations, and that they violated this duty and that their breach caused the injury to your child. It is often recommended that medical experts look over the case and offer their opinions in light of their experience.

Depending on the situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, his assistants and the hospital in which the birth injury law firm occurred. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without filing an action.

Pain and suffering

A birth injury lawsuit could result in compensation for physical and emotional injuries that a child suffers. The amount of compensation a family receives depends on the severity of the injuries and the impact on the child's life.

To prevail parents must show that the medical professional or facility failed to perform their duties in accordance with the standards of care. This means that the physician or hospital was negligent in their ability or judgement in a situation in which their action or inaction caused injuries to the body. Both sides frequently employ medical experts to help define the acceptable standards. Specialists, like Obstetricians, are held to higher standards.

Most birth injury cases settle rather than going to trial. Trials are expensive, time-consuming and expensive. Settlements provide families with financial compensation sooner and in a less adversarial process. Settlements will ensure that the needs of the future of children are met. This could include the cost of a disability van, home modifications and specialized equipment as well as ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe award a jury could make in a birth injury case. They are often awarded in order to punish the offender and discourage others from engaging in similar crimes. The purpose of these awards is to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, which includes non-economic damage. If they feel it is appropriate, they could also file a lawsuit for punitive damages. Punitive damages are determined by the conduct of the defendant and a finding of moral indecency. They usually amount to four times the amount of other damages awarded.

A lawyer can help you win you a significant sum to pay for your child's medical expenses and other financial losses. They are also able to file a lawsuit for emotional trauma and other non-financial losses. Some states cap the amount of compensation victims can receive. Virginia for instance, limits damages to the cost of medical care up to a victim's tenth birthday. Other states limit damages for pain and suffering as well as other types.

Damages for noneconomic damages

In a majority of cases children's injuries result in ongoing care. This includes medical treatment, therapies, and birth injury other expenses. It could also cover future lost earnings if the accident will interfere with the child's ability to work and make money. This is known as loss consortium.

Your lawyer will help you estimate the full amount of the injuries your child sustained as well as non-economic damage. They will collaborate with experts to create an argument that shows how severely your child was injured and the effects on their life. They will also rely on experts to prove that the doctor violated their duty of care.

They may request access to your child’s medical records. These are vital to your case. It is important to obtain them when you suspect a birth injury, as they are often lost or lost, or destroyed. Attorneys can help you obtain these documents as fast as you can.

Compensation for economic damages

A birth injury could result in a variety of costs that aren't immediately obvious. These costs include medical bills already incurred, and also projected costs for therapy in the future such as in-home care, institutional care, medications, adaptive equipment, and transportation to and from therapist and doctor appointments.

A severe disability can limit an individual's ability to earn an income that is sufficient. This can also have a ripple affect on the financial situation of families. Parents might be forced to give up their jobs or even stop working completely to care for a disabled child. This can lead to loss of earnings.

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