Birth Injury Compensation

If your child has a birth injury because of the negligence of a doctor or wrongful act, it can be devastating. These injuries may require lifetime treatment and treatment. The family will be left with huge financial costs.

Many birth injuries cases have a complicated debate about medical malpractice versus medical errors. Our lawyers can clarify the differences.

Costs of Treatment

When determining how much to award for a birth injury attorneys from insurance companies and judges evaluate the extent of the injury and Firm the impact it has on the child's life quality. If a child needs extensive medical treatment which continues over time, the value of the claim will rise.

The medical treatment for birth injuries can be expensive. The compensation awarded for a birth injury can assist families in paying for the costs. Lawyers often work with experts to put together an "Life Care Plan," which estimates the lifelong costs incurred by a child's injury. These costs include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, among others.

Your legal team will collect medical records from the time of pregnancy and birth of your child, along with firsthand accounts from relatives. They will be used to prove that your child sustained an injury due to negligence on the part of a medical professional and to prove the extent of the harm caused.

Many states have established medical indemnity funds that provide financial aid to families of children who suffer birth injuries. These funds may either take some of the malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. In addition to providing monetary support, these programs can also decrease the necessity for families to pursue a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children with disorders such as hypoxic or cerebral palsy will need medical care for the rest of their lives. This includes physical therapy, special equipment, and home health. The costs for these can be significant.

A life-care plan is a legal document that defines the future medical education, home-based, and other costs that disabled children will have to pay throughout his or his or firm her life. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. They must be thorough and carefully drafted to meet the strict requirements for evidence admissibility in the court.

Experts in planning for life can assist in the creation of these documents by utilizing the input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans also include a detailed narrative of the initial injury and diagnosis. They provide the causes of the disability as well as its long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to develop the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover all of their future medical and other expenses. The money is typically put into a trust for special needs, and is overseen by an authorized administrator. The amount of money awarded is typically adjusted regularly to reflect the changing needs of your child.

Pain and Suffering

In cases which involves birth injuries the damages awarded compensate the plaintiff for past and future pain and discomfort. This includes physical and mental pain caused by the injury, as well as the inability of the plaintiff to take part in activities that other people are able to perform.

You may also recover income if a victim's injury hinders their professional options or prevents them from working at all. In addition, families may be compensated if required to help care for the child who is injured.

The verdicts in medical malpractice cases are usually extremely high, since juries tend to be sympathetic to patients and hold doctors accountable for their mistakes. This is why many hospitals and doctors prefer to settle instead of taking on an appeal, which can be expensive and stressful for all parties involved.

Both sides will gather evidence to prove their arguments in the course of trial. They will share documents in the course of discovery, which is the process of the deposition of witnesses to obtain statements under swearing. The defendants may also request to see the plaintiff's medical records as it is legal in many states.

A lawyer with experience in this type of situation is required to submit a successful claim for birth injuries. An experienced lawyer will examine the facts of your case, determine if it is in line with the specifications for a lawsuit and ensure the highest settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages, which are meant to communicate a message to prevent future negligence. They can be awarded in instances of grave negligence or firm when there was negligence on the part of the medical professional. They are very rare in cases of birth injuries.

After identifying the defendants, the attorney must collect and review the evidence to support the claim. They must show that the injuries caused by the medical professionals did not conform to the standards of care. The legal team also has to provide evidence of the financial losses resulting from these injuries, referred to as "damages." The information can be economic or non-economic in nature.

Economic losses are figured out by making estimates of ongoing treatment costs including long-term care facilities and other services. They can also include lost earnings in the event that an injury has caused both parents to lose their job.

The legal team will develop an order package that they will give to malpractice insurers. The document will outline the birth injury and its impact on the child's family and as well as request compensation to cover the costs associated with these loss. The attorneys will negotiate until a settlement is reached with the medical providers. During the discovery process, lawyers will exchange information with the other party on their case. This may include taking depositions of witnesses who swear to testify under oath.