How a Birth Injury Claim Works

If a medical professional was negligent and your child suffered injuries during birth, you may be entitled to compensation. Generally speaking, the amount money you get will be contingent on a few variables.

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

Medical expenses

Medical expenses associated with birth injuries can be very different dependent on the severity of the injury. For instance broken bones might require surgery to fix and can result in ongoing physical therapy costs. Additionally, nerve damage caused by manual pressure or rough handling during the delivery can cause long-term discomfort and even limitations. Your lawyer will assess the medical needs of your child and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover these.

You will need to prove that a healthcare professional was bound by the duty to you, and that they breached their obligation, and that the breach caused the injuries of your child. The most common way to prove this is for medical experts to look over the case and give an opinion based on their experiences.

Based on the circumstances, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital in which the bakersfield birth injury Law firm took place. Your legal team will write letters to all of these parties notifying them that a medical malpractice claim has been filed and that they are given the chance to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawsuit could result in compensation for physical and emotional injuries suffered by children. The amount of damage the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

Parents must demonstrate that the medical professional or facility did not act in accordance with the standard of care in order to be able to make an award. This means that a physician or hospital's actions or inactions caused a medical injury. Medical experts are often consulted by both sides to define this standard. Specialists like obstetricians are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, risky and lengthy. A settlement provides families with financial compensation sooner and in a less adversarial process. Settlements ensure that the future needs of a child are taken care of. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

In the event of a birth injury, punitive damages may be the most severe decision that a jury can award. These damages are typically granted to punish the perpetrator and deter others from doing the same. These awards are designed 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 case, including non-economic damages. If necessary, they may also file a lawsuit for punitive damages. Punitive damages may be determined based on a defendant's conduct or a finding of moral immorality. They typically are four times the amount of other damages.

A lawyer can assist you to receive a substantial settlement for your child's medical expenses and other financial losses. They may also file a suit to recover emotional trauma and other damages not related to financial. Some states cap the amount of compensation the victim could receive. Virginia, for instance, restricts damages to the cost of treatment up to a victim reaches their 10th birthday. Other states limit damages for suffering and pain as well as other types.

Damages for non-economic damages

In many instances the injuries of a child will cause long-term care. This includes medical treatment, therapies, and any other expenses. It could also cover future lost earnings if the accident affects the child's ability to work and make a living. This is known as loss of consortium.

Your lawyer will assist in calculating the full cost of your child's injuries, which includes non-economic damages. They will collaborate with experts to create a case that demonstrates how much your child was harmed and the effect on their life. They will also use expert witnesses 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. These documents are important to request as quickly as possible if you suspect a birth trauma. They can be lost, lost or destroyed. An attorney can assist you get these documents as soon as you can.

Compensation for economic damages

A birth injury may result in a number of expenses that might not be obvious at first. These include medical expenses already paid as well as the projected costs for future therapy and in-home medical treatment, medications, adaptive equipment, and travel to and from therapist and doctor appointments.

A severe disability can also make it difficult for an person to earn a living. This could impact the financial health of a family. A parent may have to quit their job or give up all work to take care of a disabled child, leading to loss of income.

Parents who file a mountlake terrace birth injury lawyer injury claim must keep track of all these costs and losses to determine the amount they can be awarded. When a jury or court gives damages, they take into account the victim's needs throughout their life. The more money awarded is, the more accurate the estimate of the future medical expenses. In addition, non-economic damages can be granted even though they are more difficult to quantify. These include emotional distress, suffering loss of quality of life and loss of consortium.