Birth Injury Compensation

It can be a devastating experience when your child suffers birth injury due to an error by a medical professional. These injuries could require long-term treatment and care. You'll be faced with massive financial burdens.

Additionally, many birth injury cases have a complex argument over medical malpractice versus medical mistakes. Our lawyers can help you understand the differences.

Costs of Treatment

When determining how much to give for a birth injury attorneys from insurance companies and judges evaluate the extent of the injury and its impact on the child's quality of life. If a child requires extensive medical treatment that continues throughout the course of time, the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injury lawsuit birth injuries can help families cover these costs. Lawyers and experts often collaborate to develop an "Life Care Plan" which calculates the cost of a child's injuries over the course of his or her life. These expenses include hospitalization, surgeries, specialized medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from the time of pregnancy and birth of your child, as well as firsthand accounts from family members. These records will be used to show that your child was injured as a result of medical malpractice, and to show the extent of the injury.

Many states have passed medical indemnity funds to provide financial support to families of children who suffer from birth injury law firm injuries. These funds may either take a portion from malpractice insurance premiums, or require hospitals and doctors to contribute to a resource pool. These programs can provide families with financial support and reduce the need to file a suit. JLARC staff, however, found that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have permanent medical requirements. These needs include physical therapy, special equipment and home health. Often, these costs can be quite significant.

A life-care plan is a document that establishes the future medical educational, in-home, and other expenses that disabled children are expected to pay throughout his or her life. These plans are commonly used to determine the economic component of the damages awarded in a birth injury lawsuit. They must be comprehensive and carefully drafted to meet the strict requirements for evidence admissibility in court.

Experts in life-care planning may assist in the development of these documents based on the their input and the formal opinions of a disabled child’s doctors or therapists as well as caregivers. The plans provide a detailed description of the initial injury and the diagnosis. They provide the cause of the disability and its long-term consequences.

A medical malpractice lawyer should work with a life care planner to create the most effective plan for their client's specific situation. The plan's goal is to ensure your child receives sufficient compensation to cover all of their future expenses and birth injury lawsuit health care. The money is usually put into a special needs trust, which is overseen by a licensed administrator. Typically, the amount of funds awarded will be adjusted periodically to meet changes in your child's requirements.

Pain and Suffering

In a birth injury lawsuit there are damages awarded for the plaintiff's future and past pain and suffering. This includes mental and physical distress from the injury, and also an inability to engage in activities enjoyed by others.

It is also possible to recover income if an injury affects their work options or prevents them working at all. Families can also be compensated to care for an injured child.

Medical malpractice cases typically have very high verdicts due to the fact that juries are more likely to show compassion for the victims and hold doctors accountable for their errors. Many hospitals and doctors choose to settle instead of risking an expensive trial and stressful for all parties involved.

Both sides will gather evidence to prove their arguments during the trial. They will exchange documents in the course of discovery, which involves the deposition of witnesses to obtain statements under an oath. In many states, defendants can demand access to the plaintiff's records.

A successful birth injury lawsuit requires an experienced lawyer in these types of cases. A knowledgeable attorney will examine your case to determine whether you are entitled to a lawsuit and will work to achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, which are intended to serve to serve as a warning and prevent future negligence. They are granted in cases of grave negligence or when there was willful misconduct on the part the doctor. However, they are extremely rare in cases of birth 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 the medical professionals did not meet a high standard of care. The legal team must provide evidence of losses associated with the injuries, referred to as "damages." These damages could be economic or non-economic.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing treatment, including long-term care facilities and other services. They may also factor in loss of earnings in the event that the accident caused one or both parents to quit their jobs.

The legal team will then create a demand form for the malpractice lawyers. The document will outline the birth injury, its effects on the child and their family as well as request compensation to cover the costs associated with these losses. The attorneys will negotiate until a settlement has been reached with the medical providers. During the discovery process, attorneys will exchange information with the other party about their case. This may include taking depositions of witnesses who are required to testify under oath.