How a Birth Injury Claim Works

You could be entitled to compensation in the event that a medical professional has been negligent and your child is injured during the birth. In general, the amount of money you get will be contingent on a few factors.

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

Medical expenses

The medical costs associated with birth injuries vary dependent on the severity of the injury. For instance broken bones could require surgery to fix and may result in the cost of physical therapy for a long time. In the same way nerve damage resulting from the pressure of a hand or rough handling could cause long-term limitation and pain. Your lawyer will assess the needs of your child and estimate the cost of treatment over a lifetime to ensure that you receive enough compensation.

You must establish that the healthcare professional owed you the duty of care, that they violated their duty and that their breach caused the injury to your child. The most common way to prove this is for medical experts to analyze the case and provide an opinion based on their experience.

Depending on the circumstances, you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, the staff members and the hospital in the birthing room. Your legal team will send letters to each of these parties, advising them that a medical malpractice lawsuit has been made and that they have the chance to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit can result in compensation for emotional and physical harms suffered by children. The amount of damages that families receive is determined by the severity of the injury as well as its impact on the child's life.

Parents must show that the medical professional or facility did not behave in accordance with the standard of care in order to win a claim. It means that a physician or hospital's actions or inactions caused an injury to a patient. Medical experts are frequently consulted by both sides to define this standard. Specialists like obstetricians are held to higher standards than generalist physicians.

The majority of birth injury lawyer injury cases are settled instead of going to trial. Trials can be costly, risky and time-consuming. Settlements provide families with financial compensation sooner and in a less adversarial process. Settlements also ensure that a child's future needs are fulfilled. This could include the cost of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatment for illnesses like cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages could be the most severe judgment that a jury can make. They are often awarded to punish the wrongdoer and to deter others from doing similar crimes. The purpose of these awards is to make victims believe that their cases were considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damages. If necessary, they may also file a suit for punitive damage. Punitive damages are determined by the defendant's conduct and the conclusion of moral turpitude. They typically are four times the amount of other damages awarded.

A lawyer can help get you a significant sum to cover your child's medical costs and other financial losses. They can also file lawsuits for emotional trauma as well as other losses that are not financial. Some states place caps on the amount of compensation a victim could receive. Virginia, for instance, is able to limit damages to the cost of treatment up to the victim's 10th birthday. Other states limit damages for suffering and pain and other kinds of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require ongoing care. This can include medical treatment therapies, as well as other costs. It could also cover future lost earnings if the injury affects the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will help you determine the total costs of your child's injuries including non-economic damages. They will work with experts to develop an argument that shows how much your child was harmed and the impact it had on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They could also demand access to your child's medical records. They are essential to your case. They are important to request as quickly as possible if you suspect the possibility of a meriden birth injury law firm trauma. They could be lost, stolen or destroyed. Attorneys can assist you in getting these documents as quickly as possible.

Damages for economic damage

A birth injury could cause a number of expenses that might not be apparent immediately. These costs include medical expenses already paid as well as the projected costs for future therapy such as in-home or institutional treatment, medication, adaptive equipment and travel to and away from therapist or doctor's appointments.

A severe disability can hinder an individual to earn a decent living. This can also impact the financial health of a family. Parents may need to quit their job or quit all work in order to care for an ailing child, which can lead to a loss of wages.

Parents who make a claim for birth injury should keep track of all these costs and losses to determine the maximum amount they could be awarded. If a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The more money awarded is, the more accurate the estimation of future medical costs. Non-economic damages are more difficult to put a price on however they can be also awarded. These may include emotional distress, lawsuits pain and lawsuits suffering loss of quality of life, and loss of consortium.