Birth Injury Compensation

If your child suffers birth injury due to a doctor's negligence or wrongful action, it can be devastating. These injuries typically require lifetime treatment and treatment, which can result in huge financial burdens.

Many birth injury lawyer injury cases involve a tense debate about medical malpractice versus medical errors. Our lawyers can clarify the differences.

Costs of Treatment

Attorneys, insurance companies, and judges consider the severity of the birth injury as well as the impact it has on the child's life when determining the amount of compensation to be awarded. For instance in the event that a child requires extensive ongoing medical treatment which will raise the value of the claim.

Medical treatment for birth injuries is often expensive. Compensation awarded for a birth injury will help families pay for these expenses. Lawyers and experts frequently collaborate to develop an "Life Care Plan" that estimates the costs of a child’s injury over the course of a lifetime. These include hospitalization costs and surgical procedures, as well as specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, along with personal accounts from relatives. These records will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent of the injury.

Many states have established medical indemnity funds which provide financial assistance to families of children who have suffered birth injuries. These funds pay a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to an investment fund. These programs can help families with financial assistance and reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs don't always achieve their goals and need to be improved.

Life Care Planning

Children who suffer from disorders such as cerebral palsy or Birth injuries hypoxic ischemic encephalopathy will have long-term medical needs. These requirements include physical therapy or equipment for specialized use, as well as home health care. These expenses can be substantial.

A life-care plan is a document that specifies the future medical educational, in-home, and other costs disabled children will have to pay for the rest of his or her life. These plans are used to calculate the financial amount that is awarded in the event of birth injury. They should be comprehensive and carefully drafted to meet the strict requirements of evidence for the admissibility of the plan in the court.

Life-care planners can assist in the creation of these documents in accordance with input and formal opinions from the child's doctor as well as therapists and other caregivers. The plans provide a detailed account of the injury and its diagnosis. They outline the root causes of the disability as well as the long-term consequences.

A medical malpractice attorney must work with a life care planner to develop the most effective strategy for their client's particular situation. The plan's purpose is to ensure your child receives enough compensation to cover their future expenses and medical care. The funds awarded are typically put into a special needs trust, which is overseen by a licensed administrator. Typically the amount awarded will be adjusted periodically to meet the changing needs of your child's needs.

Pain and Suffering

In cases which involves birth injuries and damages are awarded to compensate the plaintiff for any future pain and discomfort. This includes mental and physical suffering from the injury and the inability to engage in activities enjoyed by other people.

It is also possible to recuperate for lost income if an individual's disability restricts their career options or prevents them from working at all. In addition, families can be compensated if they are required to assist in the care of the child who is injured.

The verdicts in medical malpractice cases are often extremely high, since juries are often sensitive to the victims and hold doctors accountable for their actions. Many hospitals and doctors choose to settle instead of risking a trial that is expensive and stressful for all parties involved.

Both sides will gather evidence to prove their arguments during the litigation. They will also exchange documents during a process called discovery, which entails deposing witness to get statements under swearing. The defendants could also ask to review the medical records of the plaintiff, which is legal in most states.

A successful birth injury lawsuit requires a lawyer with experience in these types of cases. An experienced attorney will review your case to determine whether you are entitled to a claim and will work to get the best settlement.

Punitive Damages

Some medical malpractice suits include punitive damage awards that are intended as a stern warning to discourage future negligence. They may be awarded in instances of grave negligence or when there was willful misconduct on the part the doctor. They are very rare in the case of birth injuries.

After the attorney identifies the appropriate defendants, they need to gather and analyze evidence to support their claims. They must show that the injuries incurred by medical professionals were not at the standards of care required. The legal team also has to provide evidence of losses associated with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are usually calculated by estimation of the cost of a child's ongoing treatment, which may include long-term care facilities as well as other services. These may also include lost earnings if an injury caused both or one parent to lose their job.

The legal team will prepare a demand package for the malpractice carriers. The document will detail the birth injury and its impact on the child and their family in order to seek compensation to cover the costs associated with these losses. The attorneys will negotiate with medical professionals until the settlement is reached. During the discovery process, lawyers will exchange information with other party regarding their case. This includes depositions of witnesses that are required to testify under oath.