Birth Injury Compensation

It can be devastating if your child suffers a birth injury due to the negligence of a doctor. These injuries can require lifelong treatment and care. You'll be left with a huge financial burden.

Many birth injury cases also involve a tense debate about medical errors versus malpractice. Our attorneys can explain the differences.

Costs of Treatment

Attorneys, insurance companies, and judges look at the severity of the birth injury and the impact it affects the child's quality of life when determining the amount of compensation to be paid. If a child needs extensive medical treatment that lasts in the future the value of the claim will rise.

Medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families pay for these expenses. Lawyers and experts often work together to create a "Life Care Plan" that estimates the costs of a child's injury over the course of their lives. These expenses include hospitalization, surgery, medical treatments prescriptions, home improvement and equipment, among others.

Your legal team will collect medical records from the time of pregnancy and birth of your child, in addition to firsthand reports from relatives. These documents will be used to show that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have enacted medical indemnity funds in order to provide financial support to families of children suffering from birth injury lawyers injuries. These funds collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. In addition to providing financial assistance, these programs could also decrease the requirement for families to bring a lawsuit. JLARC staff discovered that these programs didn't always achieve their goals and should be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic-ischemic encephalopathy will face ongoing medical requirements. These needs include physical therapy, special equipment, Birth Injury Law Firms and home health care. These costs can often be substantial.

A life-care planning plan is one that lists the future medical, education, home and birth injury law firms other expenses a child with disabilities will endure throughout their lifetime. These plans are typically used to help calculate the economic portion of damages in a case involving a birth injury. They should be comprehensive and carefully designed to meet the strict evidentiary requirements for admission in the court.

Life-care experts can assist in the creation of these documents in accordance with information and formal opinions from a disabled child's doctors, therapists and caregivers. The plans also include a detailed account of the injury's initial diagnosis. They also explain the root cause of the impairment as well as the long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to come up with the most suitable plan for their client's situation. The goal of the plan is to ensure your child receives enough compensation to cover their future costs and expenses. The money awarded is typically placed in a special needs trust which is administered by an approved administrator. Typically, the amount of funds allotted will be re-adjusted periodically to meet the changing needs of your child's requirements.

Suffering and Pain

In a birth injury case there are damages awarded for a plaintiff's past and future suffering and pain. This includes physical and mental discomfort caused by the injury as also the inability to take part in activities that others could be able to do.

It is also possible to recover the loss of income if the victim's condition limits their options for employment or stops them from working. Families can also be compensated to care for an injured child.

The verdicts for medical malpractice cases tend to be very high, as juries tend to be sensitive to the victims and hold doctors accountable for their mistakes. Because of this, some hospitals and doctors prefer to settle instead of undergoing the possibility of a trial, which is expensive and stressful for all parties involved.

Both sides will gather evidence to back their arguments during the litigation. They will exchange documents in a process known as discovery, which includes interviewing witnesses to obtain their statements under swearing. The defendants can also ask to review the medical records of the plaintiff as it is legal in all states.

A successful birth injury claim requires a skilled lawyer in these kinds of cases. A seasoned attorney will analyze your case to determine whether you are entitled to a claim and will work to get the best settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are intended to communicate a message and discourage future reckless behavior. The award of these damages is made when there is a significant amount of malice or negligence on the part of the doctor. However, they are very rare in Birth Injury Law Firms injury cases.

After the attorney has identified proper defendants, they must collect and analyze evidence to support their assertions. They must demonstrate that the injuries caused by the medical professionals did not conform to the a high standard of care. The legal team is also required to show the losses associated with the injuries, which is known as "damages." The information can be both economic and non-economic in nature.

The economic losses are usually calculated by taking into account the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They could also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will prepare a demand letter to present to the malpractice carriers. This document will detail the birth injuries and the impact they have on the child and the family, and ask for compensation for these losses. The lawyers will negotiate until a settlement has been reached with medical professionals. During the discovery process, lawyers will exchange information with the other party regarding their case. This includes depositions of witnesses that are required to testify under oath.