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 will depend on a number of factors.

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

Medical expenses

The medical costs associated with birth injuries vary according to the severity of the injury. Broken bones, for instance might require surgery or long-term therapy. In the same way, nerve damage triggered by pressure applied manually or san antonio birth injury law firm rough handling during the delivery can cause long-term discomfort and limitations. Your lawyer will analyze your child's medical needs and determine estimated lifetime treatment costs to seek enough compensation to cover these.

You must prove that a healthcare professional owed the duty to you, that they violated that obligation, and that the breach led to injuries to your child. It is generally required to have medical experts review the situation and offer their opinions from their previous experience.

Depending on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that delivered your baby, the staff members and the hospital in which the birth occurred. Your legal team will contact all of them to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Suffering and pain

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

To win a claim, parents must prove that the medical professional or facility failed to perform their duties in accordance with the standards of care. This means that a doctor or hospital's actions, or inactions, caused an injury to a patient. Medical experts are often consulted by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases are settled instead of going to trial. Trials are risky, lengthy and costly. Settlements offer families the financial benefits much faster and in a less adversarial process. Settlements guarantee that the future needs of children are met. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in the case of a birth injury lawyer injury. They are often awarded to punish the offender and discourage others from engaging in similar offenses. The aim of these awards is to make the victims believe that their cases were taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damage. Punitive damages are determined by the defendant's conduct and an indictment of moral wrongdoing. They usually amount to four times the amount of other damages.

A lawyer can win you a significant amount of money to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma and other non-financial losses. Some states limit the amount of compensation the victim can receive. Virginia for instance, caps damages at the cost of treatment to a victim reaches their tenth birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many cases, a child's injuries will result in ongoing medical treatment. This includes medical treatment or therapies, as well as any other expenses. This can include future lost earnings if the injury interferes with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will assist you in calculating the full cost of your child's injuries, which includes non-economic damages. They will work with experts witnesses to build a strong argument to demonstrate the severity of your child's injuries and their impact on their life. They will also rely on experts' testimony to prove that the doctor violated their duty of care.

They could also ask for San Antonio birth injury law firm access to your child’s medical records. They are essential to your case. It is important to request them whenever you suspect a birth injury since they are frequently lost or misplaced. They can also be destroyed. Your attorney can assist you in getting these documents as soon as is possible.

Economic damages - Damages

A san antonio birth injury law firm injury can result in a number of costs that may not be immediately apparent. These expenses include medical bills that have already been incurred as well as projected expenses for therapy in the future such as in-home or institutional treatment and medication, adaptive equipment and travel to and from appointments with therapists and doctors.

A severe disability can also limit the ability of an person to earn a living. This could cause a ripple effect on the financial wellbeing of families. Parents might have to give up their jobs or cease working altogether to take care of the child with disabilities. This can lead to loss of wages.

Parents who are filing a claim for birth injuries should keep track of the expenses and losses to determine the maximum award they can receive. When a judge or jury gives damages, they take into consideration the needs of the victim for the rest of their life. The more accurate the estimation of the future medical expenses and losses, the higher the award amount will be. Non-economic damages can also be granted even though they are more difficult to quantify. These may include emotional suffering, distress and loss of quality of life, and loss of consortium.