How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you could be entitled to compensation. The amount you receive is contingent upon a variety of aspects.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will then participate in discovery, in which they will exchange evidence and other information such as medical records.

Medical expenses

Medical expenses associated with a birth injury can vary in a significant way based on the nature of your child's injuries. Broken bones, for instance might require surgery or long-term therapy. In the same way, nerve damage from manual pressure or rough handling can result in permanent discomfort and limitations. Your lawyer will assess your child's needs and birth injury lawsuit estimate the costs of treatment over the course of a lifetime to ensure you are compensated for your expenses.

You will need to prove that a healthcare professional was bound by an obligation to you, and that they did not fulfill that duty, and that this breach led to the injury of your child. This usually requires medical experts to analyze the case and provide an opinion based on their experiences.

Depending on the circumstances, birth injury lawsuit you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, the assistants, and the hospital the birthing room. Your legal team will write letters to each of these parties informing them that a medical negligence claim has been filed and that they have an opportunity to settle the matter prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit can result in a settlement for emotional and physical injuries suffered by children. The amount of compensation an individual family receives is contingent on the severity of the injuries as well as the effects on a child's daily life.

To be able to claim compensation, parents must prove that a medical professional or a facility was not acting in accordance with the standard of care. This means that the physician or hospital acted with a lack of competence or judgment in an instance in which their actions or inactions caused an injury to a patient. Medical experts are often involved by both sides to help determine the standard. Obstetricians and specialists are held to higher standards than generalist doctors.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be risky, lengthy and costly. Settlements allow families to receive financial assistance sooner and in a more amicable way. Settlements also ensure that children's future needs are taken care of. This could include the cost of a wheelchair van home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award juries could award in a birth injury lawsuits injury case. They are usually given to punish the perpetrator and discourage others from engaging in similar crimes. These awards are also intended to make victims feel their cases have been treated seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damage. If necessary, they may also file a lawsuit for punitive damages. Punitive damages are based on the defendant's conduct and the finding of moral indecency. They are usually four times the amount awarded.

A lawyer can win you a substantial amount to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states place caps on the amount of compensation a victim could receive. Virginia, for instance, is able to limit damages to the cost of treatment until the victim's tenth birthday. The other states have caps on suffering and pain in addition to other types of damages.

Damages for noneconomic damages

In a majority of cases, a child's injuries will cause long-term care. This includes medical treatments, therapies, and other costs. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn a living. This is referred to as loss of consortium.

Your lawyer will assist you calculate the total cost of your child's injury as well as non-economic damage. They will work with experts witnesses to create a compelling argument to demonstrate the severity of your child's injuries and their impact on their life. They also will use expert witnesses to prove the doctor's lapse of duty of care.

They may also ask for access to the medical records of your child. These are essential to your case. It is important to obtain them immediately if you suspect that there is a birth injury because they are frequently lost, misplaced, or destroyed. Attorneys can assist you in getting these documents as quickly as is possible.

Damages for economic loss

A birth injury can result in a number of expenses that might not be apparent immediately. These costs include medical bills already and the costs for future therapy, in-home or institutional care as well as adaptive equipment, medication and travel to and away from doctor's and therapist's appointments.

A severe disability can also restrict the ability of an individual to earn a decent living. It can also have an impact on the financial health of a family. A parent may have to quit their job or stop all work in order to care for an ailing child, which can lead to lost wages.

Parents who make a claim for birth injury lawyer injury must keep track of all expenses and losses to determine their maximum possible award. When a jury or a court awards damages, they take into consideration a victim's long-term needs. The more accurate the estimate of future medical expenses and losses, higher the amount awarded will be. Non-economic damages can also be granted, even though they are more difficult to quantify. These may include emotional suffering, distress, loss of quality of life, and loss of consortium.