How a Birth Injury Claim Works

You could be entitled to compensation in the event that a medical professional has been negligent and your child is injured during birth. The amount of compensation you receive is contingent on a variety of factors.

The lawsuit process starts by your attorney submitting a complaint against the defendants. Both parties will then engage in discovery, where they will trade evidence and documents such as medical records.

Medical expenses

Medical expenses associated with a birth injury vary widely depending on the severity of the injury. For instance broken bones might require surgery to fix and can lead to costly physical therapy over the long term. Similar to that nerve damage resulting from physical pressure or rough handling can result in permanent limitation and pain. Your lawyer will review your child's needs and estimate the cost of treatment over the course of a lifetime to ensure you are compensated in a sufficient amount.

You will have to establish that the healthcare professional owed you a duty, that they breached this duty and that their breach caused your child's injuries. It is generally recommended that medical experts review the case and offer their opinions from their previous experience.

Based on the circumstances, you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your child, the medical assistants and the hospital which the birth occurred. Your legal team will contact each of these individuals to inform them that a claim for medical malpractice has been filed. They may settle the matter without having to file a lawsuit.

Pain and suffering

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

Parents must show that the medical professional or the facility did not act in accordance with the standard of care to win a claim. This means that the physician or hospital did not act with skill or judgement in a situation in which their actions or inaction resulted in the victim to suffer a medical injury. Both sides frequently employ medical experts to help determine the acceptable standards. Specialists like obstetricians are held to higher standards than generalist doctors.

The majority of birth injury cases are settled rather than going to trial. Trials are costly, risky and time-consuming. Settlements offer families the financial benefits much faster and in a less threatening process. Settlements also ensure that children's future needs are met. This can include the cost of a disability van, home modifications and specialized equipment in addition to ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

In a case of birth injury, punitive damages may be the most severe verdict that a jury could make. These damages are usually given to punish the perpetrator and prevent others from making similar mistakes. These awards are also designed to make victims feel their cases are taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. They may also bring a lawsuit for punitive damages when they are appropriate. Punitive damages are determined by the defendant's behavior as well as the conclusion of moral turpitude. They usually amount to four times the amount of other damages given.

A lawyer can help win you a significant amount of money to pay for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation that victims can receive. Virginia is one example. It sets the amount of damages to be equal to the cost of care through the tenth birthday celebration of a victim. Other states restrict damages for pain and suffering in addition to other types.

Damages for noneconomic damages

In many cases, injuries of a child will require lifetime treatment. This includes medical treatment, therapies, and other costs. This could include the possibility of losing future earnings if the injury interferes with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will help you estimate the full amount of the injuries your child sustained as well as non-economic damage. They will work with experts witnesses to build a solid case to show the extent of your child's injuries and their impact on his or her life. They also will use expert witness testimony to prove the doctor's violation of duty of care.

They may also ask for access to your child's medical records. These are crucial to your case. They are important to get as soon as possible if you suspect that you have suffered a birth injury lawsuit trauma. They can be lost, misplaced or destroyed. Your attorney can assist you to get these documents as quickly as possible.

Damages for economic loss

A birth injury can result in a variety of costs that aren't immediately obvious. These include medical expenses already paid as well as projected costs for therapy to come such as in-home care, institutional treatment, medications, adaptable equipment, and transportation to and from therapist and doctor appointments.

Furthermore, a serious disability could hinder a person's ability to earn a living wage. This could have an impact on the financial situation of a family. Parents may be forced to give up their jobs or even stop working completely to take care of the child with disabilities. This could result in lost income.

Parents who are filing a claim to recover for birth injuries must keep track of these costs and losses in order to determine the amount they could be awarded. When a jury or a court awards damages, they must take into consideration the victim's lifetime requirements. The more money awarded and the more accurate the estimate of the future medical expenses. In addition, non-economic damages can be granted although they are more difficult to quantify. These include emotional suffering, distress, loss in quality of life and loss of consortium.