Birth Injury Compensation

It could be devastating if your child suffers a birth injury as a result of the negligence of a doctor. These injuries are often life-long treatment and care, leaving you with immense financial burdens.

A lot of birth injury cases involve a complex debate over medical errors versus malpractice. Our attorneys can help you learn the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the homer glen birth injury lawyer injury as well as the impact it has on the child's development when determining the amount of compensation to be paid. If a child needs extensive medical treatment that continues throughout the course of time, the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts frequently collaborate to create an "Life Care Plan" which calculates the cost of a child's injury over a lifetime. These include hospitalization expenses including surgical interventions, specialized medical treatment prescriptions, home renovations and equipment, and more.

Your legal team will gather medical documents from the time of your child's maryland birth injury law firm and pregnancy as well as personal stories from family members. They will use these records to show that your child suffered an injury due to negligence on the part of a medical professional and to prove the extent of the damage caused.

Many states have enacted medical indemnity funds in order to help families of children suffering from birth injuries. These funds either collect the portion of malpractice insurance premiums, or require doctors and hospital to contribute to an asset pool. In addition to providing financial support, these programs can reduce the necessity for families to bring a lawsuit. JLARC staff discovered that these programs didn't always meet their goals and could be improved.

Life Care Planning

Children with disorders such as hypoxic ischephalopathy or cerebral palsy will need medical care for the rest of their lives. These requirements include physical therapy and equipment that is specialized, as well as home health care. The costs for these can be significant.

A life-care plan is a document that outlines the future medical education, home-based, and other costs a disabled child will incur throughout his or her life. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. They must be thorough and carefully drafted to satisfy the strict requirements of evidence for legal admissibility in court.

Experts in life-care planning can help develop these documents using information and the opinions from a child's doctors, therapists, and caregivers. The plans also contain a detailed account of the injury's initial diagnosis. They explain the underlying cause of the disability and its long-term effects.

A medical malpractice lawyer should work with a life-care planner to create the most effective plan for their client's situation. The goal of the plan is to ensure your child receives adequate compensation to cover all future expenses and care. The money is usually placed into a special needs trust, which is overseen by a licensed administrator. The amount awarded is usually adjusted annually to reflect changes in the future requirements of your child.

Suffering and Pain

In a case involving a birth injury the damages awarded are for the plaintiff's future and past pain and suffering. This includes the physical and mental suffering caused by the injury, as well as the inability to participate in activities that others are able to perform.

It is also possible to claim the loss of income if the disability of a victim limits their options for employment or stops them from working at all. Families may also be compensated to care for an injured child.

Medical malpractice cases often receive very high verdicts due to the fact that juries are more likely to show compassion for the victims and hold doctors accountable for errors. Many doctors and hospitals opt to settle rather than risk an expensive trial and stressful for everyone involved.

During the course of the lawsuit lawyers on both sides will collect evidence to justify their arguments. They will exchange documents through a process known as discovery, which is the process of taking testimony from witnesses under the oath. In most states, defendants may also ask to see the plaintiff's records.

A successful birth injury lawsuit requires a skilled lawyer in these kinds of cases. An experienced lawyer will evaluate your case to determine whether you are entitled to a lawsuit and will work to achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damages, which are meant as a stern warning to discourage future negligence. They can be awarded in instances of serious negligence or where there was willful misconduct on the part the doctor. They are uncommon in cases of birth injuries.

After identifying the defendants the attorney needs to gather and examine the evidence to back the claim. They must demonstrate that the injuries caused by medical professionals failed to meet a high standard of medical care. The legal team must show evidence of the losses that are associated with the injuries, which are known as "damages." These damages can be either economic or non-economic.

The economic losses are usually calculated by taking into account the cost of the child's ongoing care, which includes long-term care facilities as well as other services. They may also include lost earnings if a traumatic event resulted in both parents to lose their job.

The legal team will create a demand form that they can present to the malpractice lawyers. This document will describe the birth injuries and their effects on the child and the family, and demand compensation for the loss. The attorneys will negotiate until a settlement is reached with the medical providers. In this process, lawyers will share information regarding their cases with the other side by way of discovery, which may include taking depositions from witnesses who take testimony under an oath.