How a Birth Injury Claim Works

You may be entitled to compensation in the event that a medical professional has been negligent and your child is injured during birth. Generally, the amount of money you receive will depend on a number of factors.

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

Medical expenses

Medical costs associated with a birth injury can vary in a significant way based on the nature of your child's injuries. For instance broken bones might require surgery to fix them and can result in long-term physical therapy costs. Also, nerve damage caused by manual pressure or rough handling during the delivery can cause permanent discomfort and even limitations. Your lawyer will review your child's medical requirements and estimate lifetime costs of treatment to ensure enough compensation to cover these.

You will have to prove that a healthcare professional owed an obligation to you, and that they did not fulfill that duty, and that this breach led to injuries to your child. It is usually recommended that medical experts examine the case and provide an opinion basing on their previous experience.

Depending on the situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took. Your legal team will write to each of these individuals to inform them that a claim for medical malpractice has been filed. They may settle the matter without filing an action.

Suffering and pain

A birth injury lawsuit may result in compensation for emotional and physical harms sustained by the 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.

Parents must prove that the medical professional or facility did not behave in accordance with the standards of care to win an award. This means that the physician or hospital failed to act with skill or judgement in an instance in which their actions or inactions caused the victim to suffer a medical injury. Both sides usually employ medical experts to help determine the acceptable standards. Specialists like obstetricians are held to higher standards than generalist doctors.

The majority of birth injury cases are settled prior to going to trial. Trials are costly, risky and birth injury lawsuit time-consuming. A settlement provides families with financial compensation sooner and in a less adversarial process. Settlements also ensure that children's future needs are taken care of. This could include the cost of a disability van and home modifications, as well as specialized equipment and ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

Punitive damages are among the most severe award juries could award in an injury case involving birth. They are usually given to punish the perpetrator and discourage others from engaging in similar crimes. They also aim to make the victims feel like their cases have been treated seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damage. They can also bring a lawsuit for punitive damages, when they are appropriate. Punitive damages are awarded based on the defendant’s behavior or on a remark of moral immorality. They are usually four-times the amount of other damages.

A lawyer can help you get a substantial amount of money to cover medical expenses for your child 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 that the victim could receive. Virginia for instance, birth injury lawsuit limits damages to the cost of treatment up to a victim's tenth birthday. Other states limit damages for suffering and pain and other types of damages.

Damages for non-economic damages

In a majority of cases children's injuries result in ongoing care. This includes medical treatments, therapies, and other costs. It could also include future lost earnings if the injury is affecting the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will help you to calculate the full cost of your child's injuries including non-economic damages. They will work with expert witnesses to construct a convincing case to show the extent of your child's injuries and their effects on their life. They will also make use of 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 vital to your case. It is crucial to get them immediately if 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 quickly as possible.

Economic damages - Damages

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

A severe disability can limit an individual's ability to earn a living wage. This can also impact the financial health of a family. A parent might have to quit their job or quit all work in order to care for a child with disabilities, leading to loss of income.

Parents who make a claim for birth injury lawyer injury should keep track of all these expenses and losses to determine the maximum amount they could be awarded. When a judge or jury decides to award damages, it takes into consideration the needs of the victim throughout their life. The greater the amount and the more accurate the estimation of future medical costs. Non-economic damages are more difficult to quantify, but they can be awarded too. These include emotional suffering, distress, loss in quality of life and loss of consortium.