Birth Injury Compensation

If your child suffers birth injury because of the negligence of a doctor or an unjust action, it can be devastating. These injuries usually require lifelong treatment and care, leaving you with enormous financial costs.

In addition, many birth injury cases involve a complicated argument about medical mistakes versus malpractice. Our lawyers can explain the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges consider the severity of the birth injury attorneys injury as well as the impact it has on the child's life in determining the amount compensation to be paid. For instance the child who suffers from a medical condition requires extensive ongoing medical treatment which will raise the value of an claim.

The medical treatment for birth injury lawyers injuries can be costly. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often collaborate to create a "Life Care Plan" that calculates the costs of a child's injuries over the course of a lifetime. These include hospitalization costs or attorneys surgical intervention, medical treatment and prescriptions, home improvement projects and equipment, and more.

Your legal team will gather medical documents from your child's pregnancy and birth, as well as firsthand accounts from family members. These will be used to prove that your child suffered an injury as a result of negligence in the medical field and to show the extent of the harm caused.

Many states have medical indemnity funds which provide financial aid to families of children who suffer birth injuries. These funds pay a portion of malpractice insurance premiums or require doctors and hospitals to contribute to an account of resources. In addition to providing financial support, these programs can also decrease the need for families to make a claim. JLARC staff however, discovered that these programs didn't always meet their objectives and should be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic brain disease will have lifelong medical needs. These include physical therapies or equipment for specialized use, as well as home health treatment. These expenses can be substantial.

A life-care planning plan is an outline of the future medical, educational, home and other expenses that a child with disabilities is likely to be liable for throughout their lifetime. These plans are typically used to determine the economic portion of damages awarded in a case involving a birth injury. They must be comprehensive and carefully drafted to satisfy the strict evidentiary requirements for attorneys admission in court.

Experts in planning for life can assist in the preparation of these documents using information and the opinions from a child's doctors as well as therapists and caregivers. The plans contain a thorough narrative about the initial injury and its diagnosis. They describe the underlying reason for the disability and its long-term consequences.

A medical malpractice attorney must work with a life-care planner to create the most effective plan for their client's needs. The purpose of the plan is to ensure that your child receives adequate compensation to cover all of their future medical and other expenses. The money is usually 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 any changes in your child's needs.

Suffering and Pain

In a case involving birth injuries, damages are awarded to compensate the plaintiff for the past and future discomfort and pain. This includes physical and mental discomfort caused by the injury as well as the inability to participate in activities normally enjoyed by others.

You can also recover lost income if an injury hinders their professional options or prohibits them from working all. Families can also receive compensation for the care and treatment of an injured child.

Medical malpractice cases typically have very high verdicts, since juries tend to show compassion for victims and hold doctors accountable for their mistakes. Many hospitals and doctors settle rather than risk a trial that is expensive and stressful for all involved.

During the lawsuit lawyers from both sides will gather evidence to support their arguments. They will exchange documents during the process of discovery, which entails deposing witness to get statements under swearing. In most states, defendants may also ask to see the plaintiff's records.

A successful birth injury claim requires a lawyer with experience in these types of cases. A seasoned attorney will analyze the facts of your case, determine if it meets the specifications for a lawsuit and ensure the highest financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages. These are intended to communicate a message and discourage any future negligent behavior. They are awarded in cases involving particularly grave negligence or when there was negligence on the part of the doctor. However, they are very rare in cases of birth injuries.

After identifying the defendants the attorney must gather and analyze the evidence to support the claim. They must establish that the injuries sustained by medical professionals did't meet a high level of care. The legal team also has to prove the damages resulting from these injuries, also known as "damages." This information could be either economic or non-economic in nature.

Economic losses are typically calculated by estimation of the cost of a child's ongoing medical treatment, which includes long-term care facilities as well as other services. They can also include lost earnings if an injury caused one or both parents to lose their job.

The legal team will prepare a demand letter that they can present to the malpractice insurers. The document will explain the birth injury and its impact on the child and family and request compensation to cover the expenses of these losses. The attorneys will negotiate until a settlement is reached with the medical professionals. In this process, lawyers will share information about their cases with the opposing side through discovery, which involves taking depositions from witnesses who are required to testify under an oath.