How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured during the birth. The amount you receive depends on several aspects.

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will then participate in discovery where they will exchange evidence and other information that includes medical records.

Medical expenses

Medical expenses associated with birth injuries can differ significantly based on the nature of the injuries your child sustains. Broken bones, for example may require surgery and long-term therapy. Also, nerve damage caused by pressure from a manual or rough handling during delivery can cause long-term discomfort and limitations. Your lawyer will analyze your child's needs and estimate the cost of treatment over a lifetime to ensure that you are compensated for your expenses.

You will have to show that the healthcare professional owed you a duty, that they violated this duty and that their failure caused your child's injuries. This typically requires medical experts to examine the case and offer an opinion based on their experience.

Based on the circumstances, you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took. Your legal team will contact each of them to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without filing an action.

Suffering and pain

A birth injury lawsuit could result in a compensation claim for physical and emotional injuries sustained by a child. The amount of compensation the family is awarded depends on the severity of the injuries as well as the impact on the child's life.

Parents must demonstrate that the medical professional or facility was not in compliance with the standard of care to win a claim. This means that the doctor or hospital did not act with expertise or judgment in the event that their action or inaction caused injuries to the body. Medical experts are frequently consulted by both sides to define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

The majority of birth injury cases are settled instead of going to trial. Trials are costly, risky and time-consuming. Settlements offer families financial compensation earlier and in a less threatening process. Settlements also ensure that children's future requirements 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 case of birth injury, punitive damages can be the most severe award that a judge can award. They are usually awarded to punish the offender and discourage others from committing similar offenses. The purpose of these awards is to make the victims believe that their cases were considered seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. They can also file a lawsuit for punitive damages in the event that they are appropriate. Punitive damages are based on the defendant's behavior as well as the finding of moral indecency. They typically amount to four times the other damages awarded.

A lawyer can help win you a significant amount of money to help pay for medical costs for your child and other financial losses. They can also file a suit to recover emotional trauma as well as other damages not related to financial. Certain states set limits on the amount of compensation a victim could receive. Virginia for instance, caps damages at the cost of healthcare up to the tenth birthday celebration of a victim. Other states have limits on pain and suffering as well as other damages.

Damages for non-economic damages

In many instances, the injuries of a child will require lifetime treatment. This includes medical care therapies, as well as other costs. This can include future lost wages if the injury is interfering with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, including economic damages as well as. They will work with experts to build a case to show the extent to which your child was harmed and the impact it had on their life. They will also use expert witnesses to prove the doctor's lapse of duty of care.

They could also request access to the medical records of your child. These are essential to your case. These documents are essential to obtain as soon as possible if you suspect that you have suffered a birth trauma. They could be lost, stolen or destroyed. An attorney can assist you get these documents as soon as is possible.

Damages for economic damage

A temecula birth injury lawsuit injury can cause a variety of costs that may not be apparent immediately. These expenses include medical bills that have already been paid, along with projected costs for future therapy such as in-home care, institutional treatment, medications, adaptive equipment, as well as transport to and from doctor and therapist appointments.

A severe disability can make it difficult for an individual to earn an income that is sufficient. This can also cause a ripple effect on the finances of a family. Parents might need to quit their job, or even quit work entirely in order to take care of an ailing child, which can lead to a loss of wages.

Parents who file a birth injury claim must keep track of all these costs and birth injury losses to determine their maximum potential award. When a judge or jury awards damages, they take into consideration a victim's long-term needs. The higher the award and the more accurate the estimate is of the future medical expenses. Damages that are not economic can also be awarded even though they are harder to quantify. These include emotional suffering, distress and loss of quality of life, and loss of consortium.