How a Birth Injury Claim Works

If a medical professional was 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 few factors.

The lawsuit process starts with your attorney filing an accusation against the defendants. Both sides will participate in discovery, during which they exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses associated with birth injury lawyer injuries can vary in a significant way based on the nature of the injuries your child sustains. Broken bones, for instance might require surgery or long-term therapy. In the same way, nerve damage triggered by pressure applied manually or rough handling during the delivery can result in permanent discomfort and limitations. Your lawyer will evaluate your child's medical requirements and determine estimated cost of treatment for the rest of his life. You will then seek sufficient compensation to cover them.

You will have to demonstrate that a healthcare professional was bound by a duty to you, and that they violated that duty, and that this breach led to the injury of your child. It is usually required to have medical experts review the situation and provide their opinion in light of their experiences.

Depending on the circumstances you could be able identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, the medical assistants and the hospital the hospital where the birth took place. Your legal team will contact all of them to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without filing a lawsuit.

Suffering and pain

A birth injury lawsuit can result in compensation for the emotional and physical harms sustained by the child. The amount of compensation families receive is determined by the severity of the injury and the impact on a child's life.

To win a claim parents must prove that a medical professional or facility failed to act according to the standard of care. This means that a physician or hospital's actions caused the victim to suffer a medical injury. Medical experts are often consulted by both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle rather than going to trial. Trials can be costly, risky and lengthy. Settlements provide families with financial compensation sooner and in a less adversarial process. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van and home modifications, as well as specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe award a jury may make in cases involving birth injuries. They are often given to punish the perpetrator and discourage others from engaging in similar crimes. They also aim to make victims feel that their cases have been treated seriously.

A New York City personal injury lawyer can assist you in determining the value of your claim, including non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damages. Punitive damages can be given based on the defendant's behavior or a finding of moral immorality. They typically are four times the amount of other damages that are awarded.

A lawyer can help you receive a substantial settlement for your child's medical expenses and other financial losses. They may also file a suit to recover emotional trauma as well as other damages not related to financial. Some states put caps on the amount of compensation a victim could receive. Virginia is one example. It caps damages at the cost of healthcare up to the victim's tenth birthday. Other states limit damages for suffering and pain as well as other types.

Damages for noneconomic damages

In many cases, the injuries sustained by a child require lifetime care. This includes medical care therapies, as well as other expenses. This could include the possibility of losing future earnings if the injury interferes with the child's capacity to work and earn money. This is known as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injuries as well as non-economic damage. They will work with experts to construct an argument to demonstrate how severely your child was injured and the impact it had on their life. They will also use experts to prove that the doctor did not fulfill their duty of care.

They could request access to your child's medical records. These are critical to your case. These documents are crucial to request as soon as you can if you suspect the possibility of a birth trauma. They can be lost, lost or destroyed. An attorney can assist you get these documents as quickly as you can.

Damages for economic loss

A birth injury could result in a range of costs that may not be immediately apparent. These expenses include medical expenses already paid, as well as the anticipated costs of therapy to come such as in-home or institutional treatment medications, adaptive equipment and travel to and from doctor's and therapist's appointments.

Furthermore, a serious disability can limit an individual's ability to earn an income that is sufficient. It can also cause a ripple effect on the financial wellbeing of the family. A parent may have to quit their job or quit work entirely in order to take care of an ailing child, which can lead to a loss of wages.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses in order to determine their maximum possible award. When a jury or court gives damages, they take into consideration the needs of the victim throughout their life. The greater the amount, the more accurate the estimation of the future medical expenses. Non-economic damages are difficult to quantify however they are granted as well. These may include emotional distress, pain and suffering loss of quality of life, and loss of consortium.