Birth Injury Compensation

If your child suffers birth injury as a result of negligence by a doctor or other wrongful action, it can be devastating. These injuries can require lifelong treatment and care. You'll be left with massive financial burdens.

A lot of birth injury cases have a complicated debate about medical malpractice versus medical errors. Our lawyers can help you understand the distinctions.

Costs of Treatment

Attorneys, birth injury lawsuit insurance companies, and judges look at the severity of the birth injury as well as the impact it has on the child's life in determining the amount compensation to be awarded. For instance the child who suffers from a medical condition requires continuous medical treatment which will raise the value of an insurance claim.

Medical treatment for birth injuries can be very expensive. Compensation awarded for a birth injury can help families cover these costs. Experts and lawyers often collaborate to develop an "Life Care Plan" that estimates the costs of a child's injuries over the course of a lifetime. These expenses include hospitalization, surgery, medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will gather medical records from your child's birth as well as pregnancy 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 prove the extent of the injury.

Many states have passed medical indemnity funds to help families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums. They also require hospitals and doctors to contribute to an account of resources. In addition to providing financial assistance, these programs could also help reduce the necessity for families to file a lawsuit. However, JLARC staff found that these programs may not always meet their objectives and should be improved.

Life Care Planning

Children with conditions like hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will require medical treatment throughout their lives. These needs include physical therapy, specialized equipment, and home health care. These costs can often be substantial.

A life-care plan is a legal document that defines the future medical education, home-based, and other expenses that the child with disabilities will be liable for for the rest of his or his or her life. These plans are often used to help calculate the financial portion of damages awarded in a birth injury lawsuit. They must be comprehensive and meticulously drafted to meet the strict requirements of evidence for the admissibility of the plan in court.

Life-care planners can assist in the creation of these documents based on feedback and formal opinions from the child's doctor caregivers, therapists, and doctors. The plans provide a detailed description of the initial injury and its diagnosis. They describe the underlying causes of the disability as well as the long-term effects.

A medical malpractice lawyer should collaborate with a life-care planner to create the most appropriate plan for their clients' situation. The goal of the plan is to ensure your child is compensated enough to cover all future expenses and medical care. The funds are usually placed into a special-needs trust which is administered by an approved administrator. The amount of money awarded is typically adjusted every few months to reflect the changing requirements of your child.

Pain and Suffering

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

It is also possible to get compensation for income loss if the victim's condition limits their career options or prohibits them from working. Families can also receive compensation to help care for an injured child.

Medical malpractice cases often receive very high verdicts, since juries tend to show empathy for the victims and hold doctors accountable for errors. Many doctors and hospitals settle rather than risk an expensive trial and stressful for everyone involved.

Both sides will gather evidence to prove their arguments during the litigation. They will share documents in the process known as discovery, which entails deposing witnesses to obtain their statements under oath. The defendants can also ask to review the medical records of the plaintiff which is permitted in most states.

An experienced lawyer who has handled this type of case is needed to make an effective claim for birth injury. A knowledgeable attorney will examine your case to determine whether you have a valid claim and will work to find the most effective settlement.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are designed to communicate a message to deter future negligent behavior. The award of these damages is made when there is a high level of negligence or malice on the part the doctor. They are very rare when it comes to birth injuries.

After the attorney has identified appropriate defendants, birth injury lawsuit they must collect and analyze evidence to back up their claims. They must show that the injuries incurred by medical professionals did not meet the standard of care. The legal team should also show evidence of the losses that are associated with the injuries, also known as "damages." These damages can be either economic or non-economic.

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 could also include the loss of earnings if an injury caused one or both parents to lose their job.

The legal team will draft a demand package that they will submit to malpractice insurance providers. The document will outline the birth injury and its impact on the child's and family and request compensation to cover the costs of these loss. The attorneys will negotiate until a settlement is reached with medical professionals. During the discovery process, lawyers will exchange information with other party regarding their case. This may include taking depositions of witnesses who are required to testify under oath.