Birth Injury Compensation

If your child has a birth injury due to negligence by a doctor or other wrongful act, it can be devastating. These injuries typically require lifetime treatment and treatment, which can result in enormous financial costs.

Many birth injury cases require a lengthy debate on medical errors versus malpractice. Our lawyers can help learn the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges look at the severity of the birth injury and the impact it has on the child's life when determining the amount compensation to be awarded. For instance when a child needs an ongoing medical procedure that will increase the value of an insurance claim.

Medical treatment for birth injuries can be expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often work together to develop an "Life Care Plan" which estimates the costs of a child’s injury over a lifetime. These include hospitalization expenses or surgical intervention, medical treatment and prescriptions, home improvement projects and other equipment, and many more.

Your legal team will gather medical documents from your child's pregnancy and birth, as well as firsthand stories from family members. These documents will be used to prove that your child was injured as a result of medical malpractice, and to show the extent of the injury.

Many states have established medical indemnity fund that provides financial assistance to families of children who have suffered birth injury lawyer injuries. These funds pay a portion of malpractice insurance premiums or require doctors and hospitals to contribute to an account of resources. These programs can offer families financial support and lessen the necessity of filing a lawsuit. However, JLARC staff found that these programs may not always achieve their goals and need to be improved.

Life Care Planning

Children with conditions such as hypoxic ischephalopathy or cerebral palsy will require medical attention for the rest of their lives. This includes physical therapies, specialized equipment, and home health treatment. The majority of the time, these expenses can be very expensive.

A life-care planning plan is a document which outlines the future medical, educational home, and other costs children with disabilities will endure throughout their life. These plans are frequently utilized to calculate the economic portion of the damages awarded in a birth injury case. They must be comprehensive and meticulously drafted to meet the strict evidentiary requirements for admission in the court.

Experts in life-care planning may assist in the preparation of these documents using their input and the formal opinions of a child with disabilities' doctors or therapists, as well as the caregivers. The plans contain a thorough description of the initial injury and the diagnosis. They explain the underlying causes of the disability as well as its long-term consequences.

A medical malpractice lawyer should work with a life care planner to create the most suitable plan for their clients' situation. The plan's goal is to ensure that your child receives adequate compensation to cover all future costs and expenses. The funds are usually placed into a special-needs trust managed by an approved administrator. The amount of money awarded is usually adjusted annually to reflect the changing needs of your child.

Suffering and Pain

In a birth injury lawsuit there are damages awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental suffering from the injury as well as an inability to engage in activities that are enjoyed by other people.

It is also possible to recuperate for income loss if the victim's condition limits their career options or prohibits them from working. In addition, families may be compensated if they are required to assist in the care of the child who is injured.

The verdicts for medical malpractice cases tend to be extremely high, since juries are often sensitive to the victims and hold doctors responsible for their errors. Due to this, many hospitals and doctors prefer to settle rather than risk an appeal, which can be expensive and stressful for all parties involved.

Both sides will collect evidence to support their arguments during the trial. They will exchange documents during a process called discovery, which involves deposing witnesses to obtain their statements under oath. In most states, defendants are able to request to view the plaintiff's records.

A successful birth injury claim requires a lawyer who has experience in these types of cases. An experienced attorney will review the details of your case, determine if it meets the requirements for a lawsuit, and seek out the most favorable financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are meant to convey a message and discourage future reckless behavior. The damages can be awarded when there is a high degree of malice or negligence on the part the doctor. However, they are very rare in birth injury cases.

After identifying the defendants the attorney must gather and review the evidence to support the claim. They must prove that the injuries incurred by medical professionals did't meet a high level of care. The legal team must also be able to provide evidence of the costs associated with these injuries, referred to as "damages." This information could be either economic or non-economic in the sense that it is not a loss.

Economic losses are calculated by making estimates of ongoing treatment costs including long-term facilities and other services. They may also factor in the loss of earnings if the injury has caused one or both parents to leave their jobs.

The legal team will prepare a demand package to present to the malpractice insurers. The document will detail the birth injury and its effect on the child and their family in order to seek compensation to cover the costs of these loss. The lawyers will negotiate until a settlement is reached with the medical professionals. During this process, attorneys will exchange information about their cases with the opposing side through discovery, which includes taking depositions from witnesses who are required to testify under an oath.