How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child suffers injury in the course of birth. The amount of compensation you receive will depend on a number of factors.

The lawsuit process starts by your attorney submitting a complaint against the defendants. Both sides will participate in discovery, in which they exchange information and evidence, which could include medical records.

Medical expenses

Medical costs associated with birth injuries can differ in a significant way based on the nature of the injuries your child sustains. For instance broken bones can require surgery to fix them and can lead to ongoing physical therapy costs. Additionally, nerve damage caused by pressure from a manual or rough handling during the delivery can cause permanent discomfort and limitations. Your lawyer will evaluate the medical needs of your child and determine estimated lifetime treatment costs to seek sufficient compensation to cover them.

You will have to show that the healthcare professional owed you obligations, and that they violated this duty and that their breach caused the injury to your child. This usually requires medical experts to analyze the case and give an assessment based on their knowledge.

Based on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants as well as the hospital in which the birth took place. Your legal team will write letters to each of these parties informing them that a claim for medical malpractice has been filed and they will be given the chance to settle the matter before filing a lawsuit.

Suffering and pain

A birth injury lawsuit may result in a compensation claim for emotional and physical injuries sustained by a child. The amount of damages that families receive is determined by the severity of the injury as well as the impact it has 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. It means that a physician or hospital's actions caused an injury to a patient. Medical experts are frequently consulted by both sides to help determine the standard. Specialists, such as obstetricians, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials are costly, risky and lengthy. A settlement allows families to receive financial compensation faster and in a less tense manner. Settlements ensure that future needs of a child are addressed. This can include the cost of a wheelchair van and home modifications, as well as specialized equipment, and regular medical treatment.

Punitive damages

In the event of a birth injury, punitive damages can be the most severe judgment that a jury could make. They are often granted to punish the perpetrator and deter others from doing the same. They also aim to make the victims feel like their cases are taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, birth injuries which includes non-economic damages. If appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the defendant's behavior as well as a finding of moral indecency. They usually amount to four times the other damages awarded.

A lawyer can help you win a significant award to cover medical expenses for your child and other financial losses. They are also able to file a lawsuit for emotional trauma and other losses that are not financial. Some states have caps on the amount of compensation the victim can receive. Virginia is one of them. It limits damages up to the cost of treatment up to the victim's 10th birthday. Other states also have limitations on pain and suffering as well as other damages.

Damages for noneconomic damages

In many instances children's injuries cause ongoing treatment. This includes medical care or therapies, as well as any other costs. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injuries, including non-economic damages. They will collaborate with experts to construct a case that demonstrates how badly your child was harmed and the effect on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They may also ask for access to the medical records of your child. They are essential to your case. These documents are essential to obtain as soon as you can in the event of a birth injury lawyers trauma. They can be lost, misplaced or destroyed. Your attorney can assist you in getting these documents as quickly as is possible.

Damages for economic damage

A birth injury can cause a range of costs that aren't immediately apparent. These include medical expenses that have already been paid, and also projected costs for therapy to come and in-home medical care, medication, adaptive equipment, and transport to and from doctor and therapist appointments.

Furthermore, a serious disability can hinder an individual's ability to earn an income that is sufficient. This could also impact a family's finances. Parents may be forced to give up their jobs or quit their jobs completely to take care of the child with disabilities. This could lead to the loss of earnings.

Parents who seek a birth injury claim should keep track of all these costs and losses to determine the amount they can be awarded. When a jury or court awards damages, it takes into consideration the needs of the victim throughout their life. The more precise the estimate of future medical expenses and losses, the higher the amount of compensation will be. Non-economic damages can also be awarded, even though they are more difficult to quantify. These can include emotional distress, pain and suffering loss of quality of life and loss of consortium.