How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries during birth. Generally, the amount of compensation you receive will depend on a few factors.

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

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Also, nerve damage caused by pressure from a manual or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will analyze the medical needs of your child and estimate the costs for treatment over the course of their lives to ensure enough compensation to cover them.

You will need to establish that the healthcare professional was owed obligations, and that they violated this duty and that their breach resulted in your child's injuries. It is typically necessary to have medical experts review the case and provide an opinion basing on their previous experiences.

Depending on your situation, birth injury you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will write letters to all of these parties notifying them that a medical malpractice lawsuit has been filed and that they have the chance to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for Birth Injury emotional and physical injuries that a child suffers. The amount of damages the family is awarded is determined by the severity of the injury and its impact on the child's life.

Parents must show that the medical professional or the facility did not operate in accordance with the standards of care in order to be able to make a claim. This means that a physician or hospital's actions or inactions led to the victim to suffer a medical injury. Medical experts are often involved on both sides to define this standard. Specialists, like Obstetricians, are held to higher standards.

The majority of birth injury cases settle rather than going to trial. Trials can be costly, risky and lengthy. Settlements enable families to receive financial compensation sooner and in a more amiable way. Settlements also ensure that a child's future needs are met. This may include the costs of a disability van or home modifications, as well as specialized equipment as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that juries could award in a birth injury case. They are usually awarded to penalize the wrongdoer and to deter others from doing similar crimes. The purpose of these awards is to make victims feel their cases are taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim including non-economic damages. They can also file a lawsuit for punitive damages as long as they are legal. Punitive damages are based on the defendant's conduct and an indictment of moral wrongdoing. They typically amount to four times more than other damages awarded.

A lawyer can help get you a significant amount of money to pay for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma and other non-financial losses. Some states put caps on the amount of compensation that a victim can receive. Virginia is an example. Virginia limits damages up to the cost of treatment until a victim reaches their tenth birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for non-economic damages

In many cases the injuries of a child will cause lifetime treatment. This includes medical care as well as therapies and other expenses. It could also cover future lost earnings if the accident can hinder the child's ability to work and make a living. This is known as loss of consortium.

Your lawyer will help you calculate the total cost of your child's injury, including non-economic damages. They will work with expert witnesses to build a solid 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 can request access to your child’s medical records. They are essential to your case. They are important to get as soon as possible if you suspect a ardmore birth injury lawsuit trauma. They can be lost, misplaced or destroyed. Your attorney can assist in obtaining these documents as soon as possible.

Damages for economic loss

A birth injury can cause a number of costs that may not be apparent immediately. These expenses include medical bills already paid along with projected expenses for future therapy and in-home medical treatment, medications, adaptive equipment, as well as transportation to and from doctor and therapist appointments.

A serious disability may also limit the ability of an individual to earn a decent living. This could also cause a ripple effect on the family's finances. Parents may need to quit their job or stop work entirely in order to take care of a child with disabilities, leading to lost wages.

Parents who are filing a claim for birth injuries should keep track of these expenses and losses to determine the maximum award they may receive. When a judge or jury awards damages, they take into account the victim's ongoing needs. The higher the award is, the more precise the estimation of future medical costs. Non-economic damages are harder to put a price on however they can be granted as well. They include emotional suffering, distress, loss in quality of life, and loss of consortium.