How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injury during birth. The amount you receive will depend on a number of aspects.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will then go through discovery, where they will exchange evidence and other information including medical records.

Medical expenses

Medical expenses related to a birth injury can vary in a significant way based on the nature of your child's injuries. For birth injury instance broken bones might require surgery for repair and can result in ongoing physical therapy costs. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can result in permanent discomfort and limitations. Your lawyer will evaluate your child's needs and estimate the costs of treatment over the course of their lives to ensure that you are compensated in a sufficient amount.

You must establish that the healthcare professional was owed an obligation, that they violated this duty and that their failure caused the injury to your child. The most common way to prove this is for medical experts to examine the case and give an assessment based on their knowledge.

Depending on the circumstances You could list multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took place. Your legal team will send letters to all of these parties advising them that a medical malpractice lawsuit has been filed and that they have an opportunity to settle the matter prior filing an action.

Suffering and pain

A birth injury lawsuit can result in a compensation claim for emotional and physical injuries suffered by a child. The amount of compensation a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

To prevail, parents must prove that the medical professional or facility was not acting in accordance with the standards of care. It is a way of saying that a physician or hospital's actions, or inactions, caused injuries to patients. Medical experts are frequently consulted by both sides to help define this standard. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials are expensive, time-consuming and expensive. Settlements allow families to receive financial compensation sooner and in a less threatening process. Settlements ensure that the future needs of a child are addressed. This may include the costs of a disability van or home modifications, as well as specialized equipment as well as ongoing medical treatment for illnesses such as cerebral palsy.

Punitive damages

Punitive damages are the most severe amount a jury could make in a birth injury case. They are usually given to punish the perpetrator and deter others from committing similar crimes. These awards are also intended to make victims feel their case has been taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. They may also pursue a lawsuit seeking punitive damages in the event that they are appropriate. Punitive damages may be given based on the defendant's conduct or a finding of moral immorality. They are usually four times more than other damages awarded.

A lawyer can win you a significant amount of money to help cover medical costs for your child and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Some states have caps on the amount of compensation the victim could receive. Virginia, for example, sets the amount of damages to be equal to the cost of treatment up to the tenth birthday celebration of a victim. The other states have caps on pain and suffering, as well as other types of damages.

Damages for noneconomic damages

In most cases, the injuries sustained by a child require lifetime treatment. This includes medical care therapies, as well as other expenses. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn money. This is known as loss consortium.

Your lawyer will assist you to calculate the full cost of your child's injuries as well as non-economic damage. They will collaborate with experts to develop a case that demonstrates how badly your child was harmed and the effects on their life. They will also use expert testimony to prove that the doctor violated their duty of care.

They could also ask for access to your child's medical records. These are critical to your case. It is essential to obtain them when you suspect that there is a birth injury as they are often lost, misplaced, or destroyed. Your attorney can assist in getting these documents as quickly as is possible.

Damages for economic damages

A birth injury could cause a range of costs that are not immediately obvious. These expenses can include medical bills already incurred, along with projected costs for therapy to come and in-home medical care, medications, adaptive equipment, and transportation to and from therapist and doctor appointments.

A disability that is severe can make it difficult for an individual to earn a decent living. This can also impact a family's finances. Parents may be forced to quit their jobs or cease working altogether to care for a disabled child. This can result in loss of earnings.

Parents who file a birth injury claim should keep track of all these expenses and losses to determine their maximum potential award. If a jury or court awards damages, they take into consideration a victim's long-term requirements. The more accurate the estimate of the future medical expenses and losses, the more the amount awarded will be. Non-economic damages are also awarded although they are harder to quantify. These include emotional suffering, distress, loss in quality of life, and loss of consortium.