How a Birth Injury Claim Works

You could be entitled to compensation in the event that a medical professional has been negligent and your child suffers injuries in the course of birth. Generally speaking, the amount compensation you receive will depend on a number of factors.

The lawsuit process begins with your attorney filing a complaint against the defendants. Both sides will engage in discovery, where they will exchange information and evidence, which could include medical records.

Medical expenses

Medical costs for birth injuries can vary depending on the severity of the injury. Broken bones, for example may require surgery and long-term therapy. In the same way nerve damage caused by physical pressure or rough handling can result in permanent limitation and pain. Your lawyer will assess the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure that you are compensated in a sufficient amount.

You will have to establish that the healthcare professional was owed an obligation, that they violated this duty and that their negligence resulted in your child's injuries. This usually requires medical experts to look over the case and give an opinion based on their experience.

Depending on the situation 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 where the birth injury law firm occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit can result in compensation for emotional and physical harms sustained by the child. The amount of damages the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

Parents must show that the medical professional or facility did not operate in accordance with the standards of care in order to win an award. It means that a physician or hospital's actions, or inactions, caused the victim to suffer a medical injury. Both sides frequently employ medical experts to help determine the standards. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most birth injury cases are settled instead of going to trial. Trials can be costly, risky and time-consuming. A settlement provides families with financial compensation earlier and in a less threatening process. Settlements also ensure that a child's future requirements are fulfilled. This could include the cost of a wheelchair van and home modifications, as well as specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award a jury may make in the case of a birth injury. They are often given to punish the perpetrator and to deter others from doing similar crimes. They also aim to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. If they feel it is appropriate, they could also file a suit for punitive damages. Punitive damages are determined by the defendant's conduct and the finding of moral indecency. They are typically four times the other damages awarded.

A lawyer can help you win a significant award for medical expenses of your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Certain states have caps on the amount of compensation a victim can receive. Virginia is one example. It limits damages to the cost of care through the tenth birthday of a victim. Other states have caps on pain and suffering as well as other types of damages.

Damages for noneconomic damages

In most cases, the injuries of a child will require lifetime care. This includes medical treatment as well as therapies and other expenses. It may also include lost earnings in the event that the injury will interfere with the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will assist you to calculate the full amount of the injuries your child sustained, including non-economic damages. They will work with experts to build a case that demonstrates how severely your child was injured and the impact it had on their life. They will also rely on experts to prove that the doctor violated their duty of care.

They may request access to your child’s medical records. These are crucial to your case. It is essential to request these immediately if you suspect a birth injury, as they are often lost or lost. Or, they are destroyed. Attorneys can help you get these documents as swiftly as is possible.

Damages for economic loss

A birth injury can cause a range of costs that are not immediately obvious. These include medical expenses already and the costs for future therapy such as in-home or institutional treatment as well as adaptive equipment, medication as well as travel to and birth injuries from therapist and doctor's appointments.

A severe disability can restrict the ability of an person to earn a living. This can also impact a family's finances. Parents may be forced to quit their jobs or cease working altogether to care for disabled children. This can result in losing earnings.

Parents who are filing a claim to recover for birth injuries should keep track of the costs and losses to determine the highest amount they could be awarded. If a court or jury decides to award damages, it takes into account the victim's needs for the rest of their life. The more precise the estimation of future medical costs and losses, the higher the award amount will be. Non-economic damages can also be awarded, even though they are more difficult to quantify. They include emotional suffering, distress, loss in quality of life and loss of consortium.