birth injury law firm Injury Compensation

If your child suffers a birth injury because of a doctor's negligence or wrongful decision, it could be devastating. These injuries usually require lifelong treatment and treatment, which can result in immense financial burdens.

Additionally, a lot of birth injuries cases require a complex debate about medical malpractice versus medical mistakes. Our attorneys can help you discern the differences.

Costs of Treatment

In determining the amount to pay for a birth injury lawyers from insurance companies and judges look at the extent of the injury and its impact on the child's life quality. For instance the child who suffers from a medical condition requires continuous medical treatment it will increase the value of an insurance claim.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could aid families in covering these costs. Lawyers often work with experts to develop a "Life Care Plan" that calculates the total cost of a child's injuries. These include hospitalization or surgical intervention, medical treatment prescriptions, home improvements and equipment, and more.

Your legal team will gather medical records from the pregnancy and birth of your child, in addition to firsthand accounts from relatives. They will use these records to show that your child suffered an injury due to negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have enacted medical indemnity funds to provide financial assistance to families of children who suffer from birth injuries. These funds take a percentage of malpractice insurance premiums, or require doctors and hospitals to contribute to the pool of resources. In addition to providing financial support, these programs can reduce the need for families to file a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and need to be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic ischemic encephalopathy will have permanent medical requirements. These needs include physical therapies and equipment that is specialized, as well as home health treatment. In many cases, these expenses can be very expensive.

A life-care plan is a document that establishes the future medical educational, in-home, and other expenses that the child with disabilities will be liable for throughout his or her life. These plans are frequently used to determine the amount of the damages awarded in a birth injury lawsuit. They should be comprehensive and carefully drafted to meet the strict requirements for evidence legal admissibility in the court.

Life-care experts can assist to create these documents in accordance with feedback and formal opinions from the child's doctor, therapists and caregivers. The plans include a comprehensive account of the injury and the diagnosis. They describe the underlying cause of the disability and its long-term effects.

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

Pain and Suffering

In a case involving birth injuries the damages awarded compensate the plaintiff for the past and future discomfort and injuries pain. This includes mental and physical distress from the injury, as well as an inability to participate in activities normally enjoyed by other people.

It is also possible to recover income when a victim's injury affects their work options or prevents them from working at all. Families could also be compensated for the care and treatment of an injured child.

Medical malpractice cases often receive very high verdicts because juries tend to show empathy for victims and hold medical professionals accountable for their mistakes. Due to this, many doctors and hospitals prefer to settle instead of undergoing a trial, which is expensive and stressful for the parties involved.

During the lawsuit, lawyers for both sides will collect evidence to back their arguments. They will also exchange documents during a process known as discovery, which entails deposing witnesses to obtain statements under oath. The defendants may also request to see the plaintiff's medical records and are legal in most states.

An experienced lawyer who has handled this type of situation is required to file a successful claim for birth injuries. A seasoned attorney will analyze your case to determine if you have a valid lawsuit and will help achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages, which are intended to communicate a message to prevent future negligence. They are granted in cases of serious negligence or where there was intentional misconduct on the part the doctor. However, they are extremely rare in cases of birth injuries.

After the attorney has identified proper defendants, they must examine and gather evidence to support their assertions. They must prove that the injuries caused by the medical professionals failed to meet an acceptable standard of care. The legal team also needs to show the costs associated with these injuries, known as "damages." The information could be either economic or non-economic in nature.

Economic losses are calculated by the estimation of ongoing treatment costs, which includes long-term facilities as well as other services. They could also consider the loss of earnings if the accident caused one or both parents to leave their jobs.

The legal team will draft the demand package which they will submit to malpractice insurers. The document will explain the birth injuries and their effect on the child as well as the family, and request compensation for the losses. The attorneys will negotiate with medical providers until the settlement is reached. During this negotiation, the attorneys will discuss their cases with the opposing side through discovery, which entails depositions of witnesses who testify under the oath.