How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth injury lawsuit, you could be entitled to compensation. Generally, the amount of compensation you receive will depend on a few factors.

The lawsuit process starts by your attorney submitting a complaint against the defendants. Both sides will participate in discovery, where they will exchange information and evidence including medical records.

Medical expenses

Medical expenses for birth injuries vary according to the severity of the injury. For instance broken bones could require surgery to fix them and birth injury lawsuit could result in costly physical therapy over the long term. Also, nerve damage caused by pressure applied manually or rough handling during delivery could cause chronic pain and limitations. Your lawyer will analyze your child's medical needs and determine estimated cost of treatment for the rest of his life. You will then seek enough compensation to cover them.

You will need to show that the healthcare professional was owed a duty, that they breached this duty and that their negligence resulted in your child's injuries. The most common way to prove this is for medical experts to examine the case and give an opinion based on their experiences.

Depending on the situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, his assistants and the hospital in which the birth occurred. Your legal team will write letters to each of these parties notifying them that a medical malpractice claim has been made and that they have an opportunity to settle the issue prior to filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in a settlement for emotional and physical injuries that a child suffers. The amount of compensation families receive is determined by the severity of the injury as well as its impact on the child's life.

To be able to claim compensation, parents must prove that a medical professional or facility did not act in accordance with the standards of care. This means that the doctor or hospital was negligent in their expertise or judgment in a situation in which their actions or inaction resulted in the victim to suffer a medical injury. Both sides typically employ medical experts to help define the standards. Specialists, like Obstetricians, are held to higher standards.

Most birth injury cases settle, rather than go to trial. Trials can be risky, expensive and time-consuming. Settlements offer families financial compensation much sooner and in a less adversarial process. Settlements guarantee that the future needs of children are met. This could include the cost of a wheelchair van as well as home modifications, special equipment, and ongoing medical care.

Punitive damages

In the case of birth injury, punitive damages may be the most severe verdict that a jury can make. They are usually given to punish the perpetrator and discourage others from engaging in similar offenses. These awards are also intended to make the victims feel like their case has been taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, which includes non-economic damages. They can also make a claim for punitive damages as long as they are legal. Punitive damages are determined by the conduct of the defendant and an indictment of moral indecency. They are typically four times more than other damages granted.

A lawyer can help win you a significant amount of money to help cover medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other losses that are not financial. Certain states have caps on the amount of compensation that a victim can receive. Virginia is an example. Virginia limits damages up to the cost of treatment to the victim's tenth birthday. The other states have caps on pain and birth injury Lawsuit suffering as well as other types of damages.

Damages for non-economic damages

In a majority of cases, a child's injuries will result in ongoing medical treatment. This includes medical treatment therapies, as well as other expenses. It could also include future loss of wages if the injury interferes with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will assist in calculating the total expense of your child's injuries, which includes non-economic damages. They will work with expert witnesses to build a solid case to prove the severity of your child's injuries and their effects on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They can also request access to your child’s medical records. They are essential to your case. These documents are essential to obtain as soon as possible if you suspect a birth trauma. They can be lost, misplaced, or destroyed. Your attorney can help you in obtaining these documents as soon as possible.

Damages for economic damage

A birth injury can cause a variety of costs that may not be apparent immediately. These include medical expenses already paid as well as the projected costs for future therapy, in-home or institutional care, medication, adaptive equipment and travel to and away from therapist or doctor's appointments.

A disability that is severe can restrict the ability of an individual to earn a living. It can also have an impact on the financial wellbeing of families. A parent might have to quit their job, or even quit their job completely to take care of the child who is disabled, leading to the loss of wages.

Parents who are filing a claim to recover for birth injuries must keep track of these costs and losses to determine the highest amount they could receive. When a jury or a court decides to award damages, they take into consideration a victim's long-term needs. The more accurate the estimation of future medical expenses and losses, higher the amount of award will be. Non-economic damages can be difficult to quantify however they can be also awarded. These include emotional distress, suffering and loss of quality of life, and loss of consortium.