How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injury at birth. The amount of compensation you receive is contingent upon a variety of factors.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will engage in discovery, in which they exchange evidence and information, including medical records.

Medical expenses

The medical costs associated with birth injuries can be very different dependent on the severity of the injury. For instance broken bones might require surgery to fix them and could result in costly physical therapy over the long term. In the same way nerve damage caused by the pressure of a hand or rough handling could cause long-term discomfort and limitations. Your lawyer will evaluate your child's needs and estimate the cost of treatment over a lifetime to ensure you get the right amount of compensation.

You must demonstrate that a healthcare professional was bound by an obligation to you, that they breached their duty, and that this breach caused the injuries of your child. It is generally necessary to have medical experts review the situation and provide their opinion basing on their previous experience.

Depending on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will write to all of these individuals to inform them that a claim for medical malpractice has been filed. They may resolve the issue without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit can result in compensation for physical and emotional injuries suffered by a child. The amount of damages a family receives depends on the severity of the injuries and their impact on the child's life.

Parents must demonstrate that the medical professional or facility was not in compliance with the standards of care to prevail in an award. This means that the physician or hospital failed to act with competence or judgment in an instance in which their action or inaction caused injuries to the body. Both sides typically employ medical experts to help determine the standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials are risky, time consuming and costly. Settlements provide families with financial compensation sooner and in a less threatening process. Settlements also ensure that children's future needs are taken care of. This could include the cost of a disability van or home modifications, as well as specialized equipment as well as ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

In a case of birth injury, punitive damages may be the most severe decision that a jury can make. They are often awarded in order to punish the perpetrator and discourage others from doing the same. The aim of these awards is to make victims believe that their cases were considered seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They can also pursue a lawsuit seeking punitive damages in the event that they are appropriate. Punitive damages may be given based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the amount granted.

A lawyer can win you a significant award to help cover medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Some states have caps on the amount of compensation a victim may receive. Virginia is an example. Virginia limits damages up to the cost of treatment until a victim reaches their 10th birthday. Other states limit damages for pain and suffering in addition to other types.

Damages for non-economic damages

In many cases, a child's injuries will cause long-term medical treatment. This includes medical care or therapies, as well as any other costs. This can include future lost wages if an 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 in calculating the full cost of your child's injury, including economic damages as well as. They will work with experts to create an argument that shows how severely your child was injured and the effect on their life. They will also rely on expert testimony to prove that the doctor did not fulfill their duty of care.

They could also demand access to your child’s medical records. These are vital to your case. It is important to obtain them whenever you suspect that there is a birth injury because they are frequently lost or lost, or destroyed. Your attorney can assist you to obtain these documents as fast as possible.

Damages for economic loss

A birth injury could cause a range of costs that are not immediately obvious. These expenses can include medical bills that have already been incurred, as well as projected costs for future therapy and in-home medical care, medications, adaptive equipment, and transport to and from therapist and doctor appointments.

A disability that is severe can restrict the ability of an person to earn a living. This could also impact the financial health of the family. Parents may be forced to take a break from their work or stop working altogether to care for the child with disabilities. This could result in loss of earnings.

Parents who are filing a claim for birth injury should keep track of these expenses and losses to determine the amount they can receive. When a jury or a court decides to award damages, they take into account the victim's ongoing needs. The higher the amount awarded and the more accurate the estimation of future medical costs. Non-economic damages are more difficult to quantify, but they can be also awarded. They include emotional suffering, distress and loss of quality of life, and loss of consortium.