Birth Injury Compensation

If your child suffers birth injury due to the negligence of a doctor or an unjust action, it can be devastating. These injuries are often life-long treatment and care, leaving you with huge financial burdens.

Additionally, many birth injury cases have a complicated argument about medical mistakes versus malpractice. Our lawyers can explain the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges consider the severity of the Whitehall Birth injury lawyer injury and the impact it has on the child's life when determining the amount compensation to be paid. If a child needs extensive medical treatment that continues in the future, the value of the claim will increase.

The medical treatment for birth injuries is often expensive. Compensation for russellville birth injury attorney injuries can help families pay for these expenses. Lawyers and experts often collaborate to develop a "Life Care Plan" which estimates the costs of a child’s injury over a lifetime. These include hospitalization expenses and surgical procedures, as well as specialized medical treatment, prescriptions, home renovations and equipment, and much more.

Your legal team will collect medical documents from your child's birth and pregnancy and also firsthand accounts from family members. They will be used to demonstrate that your child suffered an injury as a result of negligence on the part of a medical professional and to prove the extent of the damage caused.

Many states have established medical indemnity fund that provides financial aid to families with children who suffer birth injuries. These funds may either take some of the malpractice insurance premiums, or require doctors and hospital to contribute to an asset pool. In addition to providing monetary assistance, these programs could also reduce the necessity for families to file a lawsuit. However, JLARC staff found that these programs don't always meet their goals and need to be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic brain disease will have long-term medical needs. These needs include physical therapy, special equipment, and home health care. The majority of the time, these expenses can be substantial.

A life-care plan is a document that specifies the future medical education, in-home, and other expenses that disabled children are expected to pay for the rest of his or their life. These plans are used to calculate the economic portion awarded in a case of birth injury. They should be comprehensive and carefully designed to meet the strict requirements of evidentiary for the admissibility of the plan in the court.

Experts in life-care planning may assist in the development of these documents based on the information and the opinions of a child with disabilities' doctors or therapists, as well as the caregivers. The plans include a comprehensive account of the injury and the diagnosis. They also explain the root cause of the disability and the long-term effects.

A medical malpractice lawyer must collaborate with a health care planner to draft the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover all future expenses and medical care. The money is typically put into a trust for special needs, which is administered by an approved administrator. Typically the amount given will be adjusted regularly to accommodate any changes in your child's requirements.

Suffering and Pain

In a birth-related injury case there are damages awarded for the plaintiff's past and future suffering and pain. This includes physical and mental discomfort caused by the injury and also an inability to participate in activities normally enjoyed by other people.

It is also possible to claim the loss of income if the disability of a victim limits their career options or prevents the person from working at all. Families can also be compensated if they are needed to take care of an injured child.

The verdicts in medical malpractice cases are usually very high, as juries tend to be sympathetic to victims and hold doctors accountable for their mistakes. This is why some hospitals and doctors prefer to settle instead of undergoing the trial process, which is expensive and stressful for the parties involved.

Both sides will gather evidence to back their arguments in the course of litigation. They will also exchange documents during the process of discovery, which involves deposing witness to get statements under an oath. In many states, defendants can also request access to the records of the plaintiff.

A successful birth injury lawsuit requires an experienced 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 find the most effective settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are designed to send a message and discourage any future negligent behavior. They are awarded in cases that involve serious negligence or where there was intentional misconduct on the part the medical professional. They are very rare in the case of birth injuries.

After the attorney identifies the appropriate defendants, they need to examine and gather evidence to back up their assertions. They must show that the injuries caused by the medical professionals were not up to an acceptable standard of care. The legal team must prove the losses that were incurred with the injuries, referred to as "damages." These damages can be either economic or non-economic.

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

The legal team will create an order package that they will present to the malpractice insurance providers. The document will explain the birth injury and the impact it has on the child's and family as well as request compensation to cover the costs associated with these losses. The attorneys will negotiate with medical professionals until the settlement is reached. In this process, lawyers will share information about their cases with the other side through discovery, which includes depositions of witnesses who take testimony under the oath.