How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries during birth, you may be entitled to compensation. In general, the amount of compensation you receive will depend on a variety of factors.

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

Medical expenses

Medical costs for birth injuries vary in relation to the severity the injury. Broken bones, for example may require surgery and long-term therapy. Similarly, nerve damage caused by pressure from a manual or rough handling during delivery can result in permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the costs of treatment over a lifetime to ensure you receive enough compensation.

You will need to demonstrate that the healthcare professional was owed obligations, and that they violated this duty and that their negligence caused your child's injuries. It is often required to have medical experts examine the case and offer their opinions basing on their previous experiences.

Depending on the situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that delivered your baby, his staff members and the hospital in the hospital where the Milford birth injury attorney took place. Your legal team will write letters to all of these parties informing them that a claim for medical malpractice has been filed and they will be given the chance to settle the issue prior to filing an action.

Suffering and pain

A birth injury lawsuit may result in compensation for physical and emotional harms suffered by children. The amount of damage a family receives is determined by the severity of the injury and the impact it has on the child's life.

Parents must prove that the medical professional or facility did not behave in accordance with the standard of care to win an award. It means that a physician or hospital's actions or inactions caused injuries to patients. Medical experts are often involved by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist doctors.

Most birth injury cases are settled instead of going to trial. Trials can be risky, expensive and lengthy. A settlement provides families with financial compensation much sooner and in a less adversarial process. Settlements also ensure that children's future requirements are taken care of. This can include the cost of a wheelchair van and home modifications, as well as specialized equipment and ongoing medical treatment.

Punitive damages

In the case of birth injuries, punitive damages can be the most severe decision that a jury can make. These damages are typically awarded in order to punish the perpetrator and deter others from doing the same. These awards are also intended to make victims feel their cases are taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. They may also make a claim for punitive damages when they are appropriate. Punitive damages may be granted based on the defendant's behavior or on a remark of moral immorality. They usually amount to four times the amount awarded.

A lawyer can help you win you a significant amount of money to help pay for medical costs for your child and other financial losses. They can also file a suit to recover emotional trauma, as well as other non-financial damages. Some states place caps on the amount of compensation a victim may receive. Virginia is one example. It restricts damages to the cost of medical care up to a victim's tenth birthday. The other states have limits on pain and suffering as well as other types of damages.

Damages for non-economic damages

In many instances, the injuries of a child will require lifetime treatment. This can include medical treatment therapies, as well as other costs. This can include future lost wages if the injury is interfering with the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injury which includes non-economic damages. They will work with experts witnesses to build a strong case to prove the severity of your child's injuries as well as their impact on his or her life. They will also use expert witness testimony to prove the doctor's violation of duty of care.

They may also demand access to your child’s medical records. They are essential to your case. They are important to get as soon as you can in the event of the possibility of a newport beach birth injury attorney trauma. They can be lost, stolen or destroyed. Your attorney can help you obtain these documents as fast as possible.

Damages for economic damage

A birth injury can result in a myriad of expenses that aren't immediately obvious. These expenses include medical bills already paid and also projected costs for therapy in the future, in-home care, institutional treatment, medications, adaptive equipment, as well as travel to and from doctor and therapist appointments.

Additionally, a severe disability can hinder an individual's ability to earn a living wage. This could impact the financial health of the family. Parents might have to give up their jobs or even stop working completely to care for a disabled child. This can result in losing wages.

Parents who are filing an injury claim in the birth should keep track of the expenses and losses to determine the maximum award they can receive. When a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more accurate the estimate of the future medical expenses and losses, the more the award amount will be. Non-economic damages are difficult to put a price on, but they can be also awarded. These include emotional distress, suffering loss of quality of life and loss of consortium.