Birth Injury Compensation

If your child is suffering from a birth injury because of the negligence of a doctor or wrongful decision, it could be devastating. These injuries may require lifetime treatment and care. You'll be left with a huge financial burden.

Many birth injury cases involve a complex debate over medical malpractice versus medical errors. Our lawyers can help to understand the distinctions.

Costs of Treatment

Attorneys, insurance companies, and judges look at the severity of the birth injury and the impact it can have on the child's life when determining the amount of compensation to be paid. If a child requires extensive medical treatment that lasts over time, the value of the claim will increase.

Medical treatment for birth injury lawsuit injuries can be costly. Compensation for birth injuries could help families cover these costs. Lawyers and experts often collaborate to develop an "Life Care Plan" that estimates the costs of a child's injury over a lifetime. These include hospitalization including surgical interventions, specialized medical treatment prescriptions, home improvements and other equipment, and many more.

Your legal team will gather medical records from the pregnancy and birth injury law firms of your child, along with firsthand accounts from relatives. These documents will be used to prove that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have medical indemnity funds, which provide financial assistance to families with children who suffer birth injuries. These funds pay a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to a pool of resources. In addition to providing monetary assistance, these programs may also help reduce the need for families to bring a lawsuit. However, JLARC staff found that these programs may not always meet their objectives and need to be improved.

Life Care Planning

Children with conditions like cerebral palsy or hypoxic ischephalopathy will require medical treatment throughout their lives. These include physical therapies or equipment for specialized use, as well as home health treatment. The majority of the time, these costs can be quite significant.

A life-care plan is a document that specifies the future medical education, in-home, and other costs the child with disabilities will be liable for for the rest of his or his or her life. These plans are often utilized to calculate the financial portion of the damages awarded in a birth injury case. They should be comprehensive and meticulously drafted to meet the strict evidentiary requirements for the admissibility of the plan in court.

Experts in planning for life can assist in the preparation of these documents using input and the formal opinions of disabled children's doctors or therapists, as well as the caregivers. The plans contain a thorough narrative about the initial injury and the diagnosis. They outline the root causes of the disability and the long-term effects.

A medical malpractice lawyer must collaborate with a health care planner to create the most appropriate plan for their client's situation. The plan's goal is to ensure your child receives adequate compensation to cover all of their future expenses and care. The funds awarded are typically placed into a special needs trust which is administered by an approved administrator. The amount awarded is usually adjusted annually to reflect changes in the future requirements of your child.

Suffering and Pain

In a birth Injury law firms-related injury case, damages are awarded for the plaintiff's past as well as future suffering and pain. This includes physical and mental suffering from the injury and also an inability to engage in activities that are enjoyed by other people.

It is also possible to recuperate for the loss of income when the victim's condition limits their options for employment or Birth injury law firms stops them from working. Families can also be compensated if they are required to help care for the child who is injured.

The verdicts in medical malpractice cases are typically extremely high because juries are often sensitive to the victims and hold doctors accountable for their errors. This is why many hospitals and doctors choose to settle instead of taking on a trial, which is expensive and stressful for the parties involved.

During the litigation, lawyers for both sides will gather evidence to justify their arguments. They will exchange documents through a process known as discovery, which entails interviewing witnesses to obtain their statements under the oath. The defendants could also ask to review the medical records of the plaintiff as it is legal in many states.

An experienced lawyer who has handled this type of case is required to submit a successful claim for birth injuries. An experienced attorney will review your case to determine whether you have a valid claim and will work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages, which are designed to send a message and prevent future negligence. These damages are awarded when there is a high degree of negligence or malice on the part of the doctor. However, they are rare in cases of birth injuries.

After identifying the defendants the attorney must gather and examine the evidence to back the claim. They must prove that the injuries sustained by medical professionals did't meet the standard of care. The legal team must also be able to prove the costs associated with these injuries, known as "damages." The information can be both economic and non-economic in the sense that it is not a loss.

Economic losses are figured out by estimating ongoing treatment costs, including long-term care facilities and other services. They may also factor in the loss of earnings if the accident caused one or both parents to leave their jobs.

The legal team will then prepare a demand package to be presented to the malpractice carriers. The document will detail the birth injury and its impact on the child and family in order to seek compensation to cover the costs of these loss. The attorneys will negotiate until a settlement is reached with the medical practitioners. In this process, lawyers will share information regarding their cases with the other side through discovery, which involves depositions of witnesses who are required to testify under the oath.