Birth Injury Compensation

If your child suffers a birth injury because of the negligence of a doctor or an unjust action, it can be devastating. These injuries can require lifelong treatment and care. The family will be left with a huge financial burden.

Many birth injury cases also involve a tense debate about medical malpractice versus medical errors. Our lawyers can assist you learn the distinctions.

Costs of Treatment

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

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers often collaborate with experts to develop an "Life Care Plan" which estimates the lifelong cost of a child's injuries. These include hospitalization costs and surgical procedures, as well as specialized medical treatment and prescriptions, home improvement projects and other equipment, and many more.

Your legal team will gather medical records from the time of pregnancy and birth injury law firm of your child, in addition to firsthand reports from relatives. These documents will be used to show that your child was injured due to medical malpractice and to prove the extent of the injury.

Many states have enacted medical indemnity funds in order to offer financial aid to families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums or require hospitals and doctors to contribute to the pool of resources. These programs can offer families financial support and lessen the necessity of filing a lawsuit. However, JLARC staff found that the programs don't always meet their goals and need to be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have ongoing medical requirements. These include physical therapies or equipment for birth injury lawsuit specialized use, as well as home health care. These costs can be significant.

A life-care planning plan is a document which outlines the future medical, educational home, and other expenses children with disabilities will have to pay for throughout his or her life. These plans are frequently utilized to calculate the amount of damages in a birth injury case. These plans must be thorough and meticulously drafted to satisfy the strict requirements of admissibility.

Experts in life-care planning can assist in the creation of these documents by utilizing the their input and the formal opinions of disabled children's doctors or therapists, as well as the caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They also explain the root cause of the disability as well as the long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to create the most effective strategy for their client's particular situation. The purpose of the plan is to ensure that your child receives sufficient compensation to cover all of their future expenses and medical care. The money is typically put into a trust account for special needs, which is administered by an administrator approved by the trustee. Typically, the amount of funds allotted will be re-adjusted periodically to reflect the changing needs of your child's requirements.

Pain and Suffering

In a birth injury lawsuit damages are awarded to cover the plaintiff's past as well as future suffering and pain. This includes physical and mental discomfort caused by the injury, as well as the inability of the plaintiff to take part in activities that others could be able to do.

You may also recover earnings if the injury of a victim affects their work options or prevents them working at all. Families could also be compensated to help care for an injured child.

Medical malpractice cases often receive very high verdicts because juries tend to show empathy for the victims and hold doctors accountable for errors. Many hospitals and doctors prefer to settle rather than risk an expensive trial and difficult for all parties involved.

Both sides will gather evidence to support their arguments during the trial. They will share documents in the course of discovery, which involves the deposition of witnesses to obtain statements under an oath. In most states, defendants are able to ask to see the plaintiff's records.

A successful birth injury lawsuit requires a skilled lawyer in these types of cases. A seasoned attorney will analyze the facts of your case to determine if it is in line with the requirements for a lawsuit and ensure the highest financial settlement possible.

Punitive Damages

Some medical malpractice suits also include punitive damage awards intended to serve as a warning and deter future negligence. These damages are awarded when there is a substantial amount of negligence or malice on the part the doctor. They are rare in the case of birth injuries.

After the attorney has identified proper defendants, they must examine and gather evidence to support their claims. They must establish that the injuries caused by medical professionals did't meet the standards of care required. The legal team must also show evidence of the losses that are associated with the injuries, referred to as "damages." These damages could be economic or non-economic.

The economic losses are usually calculated by estimation of the cost of a child's ongoing medical treatment, which includes 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 Birth Injury Lawsuit letter for the malpractice insurers. The document will outline the birth injury, its effects on the child's family and and request compensation to cover the cost of these losses. The lawyers will negotiate until a settlement is reached with the medical providers. During the discovery process, lawyers will exchange information with the other party regarding their case. This may include taking depositions of witnesses who testify on oath.