How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured in the course of birth. In general, the amount of compensation you receive will depend on a variety of factors.

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

Medical expenses

Medical expenses related to birth injuries can differ greatly depending on the nature of the injuries your child sustains. For example, broken bones may require surgery to fix them and may result in long-term physical therapy costs. Additionally, nerve damage caused by manual pressure or rough handling during delivery can result in permanent discomfort and limitations. Your lawyer will assess the medical needs of your child and estimate the cost of treatment for the rest of his life. You will then seek enough compensation to cover these.

You must establish that the healthcare professional owed you obligations, and that they violated this duty and that their failure resulted in your child's injuries. It is often recommended that medical experts examine the case and offer their opinions basing on their previous experiences.

Based on the circumstances it is possible to name a variety of healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, the medical assistants and the hospital which the birth occurred. Your legal team will send letters to all of these parties notifying them that a medical malpractice claim has been filed and that they are given an opportunity to settle the matter prior filing an action.

Pain and suffering

A birth injury lawsuit could result in a compensation claim for physical and emotional injuries suffered by children. The amount of compensation an individual family receives is contingent on the severity of the injuries as well as the effects on a child's daily life.

To be able to claim compensation, birth Injury parents must prove that a medical professional or a facility did not act in accordance with the standards of care. This means that the physician or hospital did not act with skill or judgement in an instance in which their action or inaction caused injuries to the body. Medical experts are often involved by both sides to help define this standard. Specialists, such as doctors of obstetrics, are held to higher standards.

The majority of birth injury cases are settled instead of going to trial. Trials can be risky, lengthy and costly. A settlement provides families with the financial benefits much faster and in a less adversarial process. Settlements ensure that future needs of a child are taken care of. This may include the costs of a disability van, home modifications and specialized equipment as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that juries can award in an injury case involving birth. They are often awarded to punish the offender and deter others from committing similar crimes. The aim of these awards is to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including economic damages. They can also file a lawsuit for punitive damages, in the event that they are appropriate. Punitive damages may be awarded based on the defendant’s conduct or a finding of moral immorality. They are typically four times more than other damages given.

A lawyer can help you obtain a substantial award to cover medical expenses for your child and other financial losses. They may also file a suit for emotional trauma, as well as other damages that are not financial. Some states place caps on the amount of compensation a victim may receive. Virginia is an example. Virginia restricts damages to the cost of treatment until the victim reaches their tenth birthday. Other states restrict damages for suffering and pain in addition to other types.

Damages for noneconomic damages

In most cases, the injuries of a child will require ongoing care. This includes medical treatment or therapies, as well as any other expenses. It may also include lost earnings in the event that the injury is affecting the child's ability to work and make a living. This is referred to as loss of consortium.

Your lawyer will help you to calculate the full amount of the injuries your child sustained including non-economic damages. They will work with experts to develop an argument to demonstrate how badly your child was harmed and the impact on their life. They will also rely on experts' testimony to prove that the doctor did not fulfill their duty of care.

They can also demand access to your child's medical records. These are vital to your case. It is essential to request these whenever you suspect a birth injury, as they are often lost or misplaced. They can also be destroyed. Your attorney can assist you in obtaining these documents as fast as is possible.

Damages for economic loss

A birth injury could result in a range of costs that may not be immediately apparent. These costs include medical bills that have already been paid, and also projected costs for future therapy such as in-home care, institutional care, medication, adaptive equipment, and transportation to and from therapist and doctor appointments.

A severe disability can also limit the ability of an individual to earn a living. This could also impact the family's finances. Parents might be forced to take a break from their work or even stop working completely to care for disabled children. This could result in loss of wages.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses to determine the amount they can be awarded. When a court or jury decides to award damages, they take into account a victim's lifelong needs. The higher the award, the more accurate the estimate of the future medical expenses. Non-economic damages can also be awarded although they are more difficult to quantify. They include emotional distress, suffering, loss in quality of life, and loss of consortium.