birth injury law firms Injury Compensation

It can be devastating If your child suffers a birth injury due to an error by a medical professional. These injuries are often life-long treatment and care, leaving you with huge financial burdens.

In addition, many birth injury cases involve a complex argument over medical malpractice versus medical errors. Our lawyers can help you understand the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges weigh the severity of the birth injury as well as the impact it affects the child's quality of life when determining the amount compensation to be paid. If a child requires extensive medical treatment which continues for a long time, the value of the claim will increase.

Medical treatment for birth injury can be expensive. Compensation for birth injury lawyers injury can assist families in paying for these expenses. Experts and lawyers often collaborate to create a "Life Care Plan" which estimates the costs of a child's injuries over the course of his or her life. These costs include hospitalization, birth injury lawsuit surgery, medical treatments prescriptions, home improvement and equipment, etc.

Your legal team will collect medical records from the pregnancy and birth of your child, as well as firsthand reports from relatives. These documents will be used to show that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have medical indemnity fund that provides financial aid to families of children who have suffered birth injuries. These funds may either take some of the malpractice insurance premiums, or require hospitals and doctors to contribute to an asset pool. In addition to providing monetary support, these programs can reduce the need for families to bring a lawsuit. JLARC staff, however, found that these programs did not always meet their goals and need to be improved.

Life Care Planning

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

A life-care plan is a document that establishes the future medical educational, in-home, and other costs disabled children will have to pay for the rest of his or their life. These plans are typically used to calculate the economic portion of damages in a birth injury lawsuit - such a good point -. These plans should be thorough and carefully drafted in order to satisfy the strict requirements of admissibility.

Life-care experts can assist to draft these documents based on feedback and formal opinions from a disabled child's doctors, therapists and caregivers. The plans also include an in-depth description of the injury that caused it and its diagnosis. They describe the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice attorney should collaborate with a life-care planner to develop the most effective plan for their client's specific situation. The plan's purpose is to ensure your child receives sufficient compensation to cover all of their future expenses and care. The money is usually placed into a special-needs trust which is administered by an approved administrator. Typically the amount allotted will be re-adjusted periodically to adjust to changes in your child's needs.

Pain and Suffering

In a birth injury lawsuit the damages awarded are for the plaintiff's past and future pain and suffering. This includes the physical and mental discomfort caused by the injury as well as the inability of the plaintiff to take part in activities that others are able to perform.

It is also possible to recover for the loss of income when the victim's condition limits their career options or prohibits them from working at all. Families can also be compensated for the care and treatment of an injured child.

The verdicts for medical malpractice cases are typically extremely high, since juries are often sensitive to the victims and hold doctors responsible for their errors. Because of this, many doctors and hospitals prefer to settle instead of undergoing an appeal, which can be costly and stressful for the parties involved.

Both sides will gather evidence to support their arguments in the course of trial. They will share documents during a process called discovery, which is the process of deposing witnesses to get statements under an oath. The defendants may also ask to examine the medical records of a plaintiff as it is legal in most states.

A successful birth injury claim requires a skilled lawyer in these types of cases. An experienced attorney will go over the facts of your case to determine if the case meets the requirements for a lawsuit and ensure the highest financial settlement possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damage awards intended as a warning, and also to prevent future negligence. The award of these damages is made when there is a high level of malice or negligence on the part of the doctor. They are rare in cases of birth injury.

After identifying the defendants, the attorney must collect and review the evidence to support the claim. They must prove that the injuries caused by the medical professionals failed to meet a high standard of medical care. The legal team also needs to provide evidence of the damages resulting from these injuries, referred to as "damages." The information could be of a financial or non-economic in nature.

Economic losses are figured out by making estimates of ongoing treatment costs including long-term care facilities and other services. These may also include lost earnings if an injury caused one or both parents to lose their job.

The legal team will develop an offer package that they will give to malpractice insurers. This document will describe the birth injury and its effect on the child's and family as well as request compensation to pay the expenses of these loss. The lawyers will negotiate with medical providers until they reach a settlement. During this negotiation, the lawyers will share information regarding their cases with the opposing side by way of discovery, which may include depositions of witnesses who swear to their testimony under an oath.