How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child suffers injuries at birth. The amount you receive depends on several variables.

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

Medical expenses

Medical expenses associated with birth injuries vary dependent on the severity of the injury. For example broken bones might require surgery for repair and can lead to the cost of physical therapy for a long time. In the same way, nerve damage triggered by pressure from a manual or rough handling during birth can cause permanent discomfort and limitations. Your lawyer will review your child's needs and estimate the cost for treatment over a lifetime to ensure that you are compensated for your expenses.

You will have to prove that the healthcare professional was owed a duty, that they violated this duty and that their failure caused your child's injuries. It is often recommended that medical experts look over the case and give their opinion based on past experiences.

Depending on the circumstances You could list multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that delivered your baby, his medical assistants and the hospital which the birth occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file an action.

Suffering and pain

A birth injury lawsuit may result in compensation for emotional and physical harms sustained by a child. The amount of damages the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

In order to win a case, parents must prove that a medical professional or facility failed to act according to the standards of care. It means that a physician or hospital's actions or inactions caused a medical injury. Medical experts are often involved by both sides to determine the standard. Specialists, such as doctors of obstetrics, are held to higher standards.

The majority of cases involving birth injuries settle rather than going to trial. Trials are expensive, time-consuming and expensive. A settlement provides families with financial compensation earlier and in a less adversarial process. Settlements also ensure that children's future requirements are fulfilled. This can include the cost of a disability van and home modifications, as well as specialized equipment and ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in cases involving birth injuries. They are often awarded to punish the offender and to deter others from doing similar offenses. These awards are also intended to make the victims feel like their case has been taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damages. Punitive damages are based on the defendant's conduct and an indictment of moral indecency. They typically are four times the amount of other damages that are awarded.

A lawyer can help you win a significant award to cover medical expenses for your child and other financial losses. They can also file a lawsuit for emotional trauma and other non-financial damages. Certain states set limits on the amount of compensation a victim can receive. Virginia, for Birth injuries example, sets the amount of damages to be equal to the cost of healthcare up to the tenth birthday of a victim. Other states restrict damages for suffering and pain as well as other types.

Damages for non-economic damages

In a majority of cases children's injuries cause ongoing treatment. This can include medical treatment therapies, as well as other expenses. This may include the loss of future wages if the injury interferes with the child's ability to work and earn a living. This is known as loss consortium.

Your lawyer will help you determine the total costs of your child's injuries which includes non-economic damages. They will work with expert witnesses to create a compelling argument to demonstrate the severity of your child's injuries as well as their effects on their life. They also will use expert witness testimony to prove that the doctor's breach of duty of care.

They may also ask for access to your child's medical records. They are essential to your case. These documents are crucial to request as soon as you can if you suspect a birth trauma. They can be lost, misplaced, or destroyed. Your attorney can assist you to get these documents as swiftly as is possible.

Damages for economic loss

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

Furthermore, a disability that is severe can limit an individual's ability to earn a living wage. This could also cause a ripple effect on the financial health of the family. Parents may have to quit their jobs or even stop working completely to take care of the child with disabilities. This could lead to loss of wages.

Parents who file a claim for birth injury lawyer injuries must keep track of these costs and losses in order to determine the amount they can receive. If a jury or court awards damages, they take into account a victim's lifelong needs. The higher the award, the more accurate the estimate is of future medical costs. Damages that are not economic can also be awarded although they are more difficult to quantify. These include emotional distress, suffering and loss of quality of life and loss of consortium.