Birth Injury Compensation

It can be devastating when your child suffers birth injury as a result of a doctor's negligence. These injuries typically require lifetime treatment and treatment, which can result in immense financial burdens.

A lot of birth injury law firm injury cases involve a complex debate over medical malpractice versus medical errors. Our attorneys can help you to understand the distinctions.

Costs of Treatment

When determining how much to award for a birth injury attorneys from insurance companies and judges evaluate the severity of the injury and its impact on the child's life quality. If a child requires extensive medical treatment which continues throughout the course of time the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can aid families in covering these costs. Lawyers and experts often work together to create an "Life Care Plan" which calculates the cost of a child's injury over the course of his or her life. These costs include hospitalization, surgery, medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will collect medical records from the time of pregnancy and birth of your child, as well as firsthand accounts from family members. These records will be used to show that your child was injured as a result of medical malpractice and to prove the extent of the injury.

Many states have passed medical indemnity funds in order to help families of children who suffer from birth injuries. These funds collect a portion from malpractice insurance premiums, or require hospitals and doctors to contribute to a resource pool. In addition to providing financial support, these programs can reduce the necessity for families to file a lawsuit. JLARC staff however found that these programs did not always meet their objectives and could be improved.

Life Care Planning

Children with disorders such as hypoxic or cerebral palsy will require medical attention throughout their lives. These needs include physical therapy, specialized equipment, and home health. These costs can often be significant.

A life-care plan is a legal document that defines the future medical educational, in-home, and other expenses disabled children are expected to pay for the rest of his or his or her life. These plans are commonly used to help calculate the amount of the damages awarded in a birth injury lawsuit. They must be comprehensive and carefully designed to meet the strict requirements of evidence for admission in court.

Life-care experts can assist to draft these documents using input and formal opinions from the child's medical professionals, therapists and caregivers. The plans provide a detailed narrative about the initial injury and its diagnosis. They explain the underlying causes of the disability as well as the long-term effects.

A medical malpractice lawyer should work with a life care planner to draft the most suitable plan for their clients' situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover the cost of all of their future medical expenses and care. The money is usually placed into a special-needs trust, which is overseen by a licensed administrator. Typically, the amount of funds allotted will be re-adjusted periodically to meet any changes in your child's needs.

Pain and Suffering

In a birth injury case the damages awarded are for birth injury lawsuit the plaintiff's future and past suffering and pain. This includes physical and mental distress from the injury, as well as the inability to engage in activities that are enjoyed by others.

It is also possible to recover income if an injury hinders their professional options or birth injury lawsuit stops them from working at all. Additionally, families could be compensated if needed to take care of an injured child.

Medical malpractice cases usually have extremely high verdicts, as juries tend to show empathy for victims and hold doctors accountable for their mistakes. Many doctors and hospitals opt to settle rather than risk an expensive trial and stressful for all parties involved.

During the trial lawyers on both sides will gather evidence to justify their arguments. They will exchange documents in a process known as discovery, which includes interviewing witnesses to obtain their statements under an oath. The defendants may also ask to review the medical records of the plaintiff which is permitted in most states.

A successful birth injury lawsuit requires an experienced lawyer in these types of cases. A knowledgeable attorney will examine your case to determine if you have a valid claim and will work to achieve the highest settlement.

Punitive Damages

Some medical malpractice suits also contain punitive damages awards, that are intended as a stern warning to discourage future negligence. They may be granted in cases of grave negligence or when there was malice on the part of the medical professional. They are very rare in the case of birth injuries.

After the attorney identifies the proper defendants, they must find and analyze evidence to back up their claims. They must prove that the injuries caused by medical professionals did't meet the standard of care. The legal team also needs to show the financial losses resulting from the injuries, which is known as "damages." This information can be both economic and non-economic in the sense that it is not a loss.

Economic losses are typically calculated by estimation of the cost of a child's ongoing treatment, including long-term care facilities and other services. They can also include lost earnings if a traumatic event caused both or one parent to lose their job.

The legal team will prepare a demand package that they will submit to malpractice insurers. This document will describe the birth injury, its effects on the child and family as well as request compensation to cover the cost of these losses. The lawyers will negotiate with medical providers until the settlement is reached. During this process, attorneys will exchange information about their cases with the opposing side through discovery, which entails depositions of witnesses who take testimony under an oath.