How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries in the course of birth. The amount of compensation you receive is contingent upon a variety of factors.

The lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will then go through discovery, where they will exchange evidence and information such as medical records.

Medical expenses

Medical costs associated with birth injuries can vary in a significant way based on the nature of the injuries your child sustains. For instance broken bones might require surgery for repair and may result in long-term physical therapy costs. In the same way nerve damage resulting from manual pressure or rough handling could cause long-term limitation and pain. Your lawyer will review your child's needs and estimate the cost of treatment over the course of their lives to ensure you are compensated for your expenses.

You will need to establish that the healthcare professional was owed a duty, that they violated their duty and that their negligence caused the injury to your child. The most common way to prove this is for medical experts to look over the case and offer an assessment based on their knowledge.

Depending on the circumstances, you may be able to identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, his medical assistants and the hospital the hospital where the birth took place. Your legal team will send letters to all of these parties, advising them that a medical negligence claim has been filed and they will be given an opportunity to settle the matter prior filing an action.

Suffering and pain

A birth injury lawsuit may result in compensation for emotional and physical injuries suffered by a child. The amount of damages families receive 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 was not in compliance with the standard of care in order to win an award. This means that a doctor or hospital's actions or inactions caused an injury to a patient. Both sides typically employ medical experts to help define the standard. Specialists, like doctors of obstetrics, are held accountable to higher standards.

Most birth injury cases settle, rather than go to trial. Trials can be risky, expensive and lengthy. Settlements enable families to receive financial compensation sooner and in a less tense way. Settlements also ensure that children's future requirements are taken care of. This can include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

In a case of birth injury, punitive damages can be the most severe decision that a jury can make. They are often awarded to punish the wrongdoer and discourage others from engaging in similar offenses. These awards are designed to make the victims believe that their cases were taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They may also make a claim for punitive damages if they are appropriate. Punitive damages are based on the defendant's behavior as well as the conclusion of moral wrongdoing. They are usually four-times the amount of other damages that are awarded.

A lawyer can win you a significant sum to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other non-financial damages. Some states limit the amount of compensation that the victim could receive. Virginia, for example, limits damages to the cost of healthcare up to the tenth birthday celebration of a victim. Other states have caps on suffering and pain, as well as other damages.

Damages for noneconomic damages

In many cases, injuries of a child require lifetime treatment. This includes medical treatment therapies, as well as other expenses. It can also include future loss of earnings if the injury is affecting the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will help you determine the total cost of your child's injury, including non-economic damages. They will collaborate with experts to create a case that demonstrates the extent to which your child was harmed and the effect on their life. They will also make use of expert witness testimony to prove the doctor's breach of duty of care.

They can also ask for Birth injuries access to your child’s medical records. These are vital to your case. They are important to get as soon as you can in the event of a birth trauma. They can be lost, stolen or destroyed. Attorneys can assist you in obtaining these documents as soon as possible.

Damages for economic loss

A birth injury attorney injury can cause a range of costs that are not immediately apparent. These costs include medical bills already incurred, as well as projected expenses for future therapy home care, institutional treatment, medications, adaptable equipment, as well as travel to and birth injuries from therapist and doctor appointments.

Furthermore, a disability that is severe could hinder a person's ability to earn a living wage. This could also impact the family's finances. Parents may be forced to quit their jobs or cease working altogether to take care of disabled children. This can result in lost income.

Parents who file a claim to recover for birth injuries should keep track of the costs and losses to determine the amount they could be awarded. When a judge or jury gives damages, they take into account the victim's needs for the rest of their life. The more precise the estimate of future medical expenses and losses, higher the amount of compensation will be. Non-economic damages are harder to quantify, but they can be awarded as well. These include emotional suffering, distress and loss of quality of life and loss of consortium.