How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injury at birth. The amount of compensation you receive is contingent upon a variety of factors.

The process of bringing a lawsuit begins by your attorney submitting an complaint against the defendants. Both sides will then engage in discovery, where they trade evidence and documents including medical records.

Medical expenses

Medical costs associated with birth injuries can differ significantly based on the nature of your child's injuries. For instance broken bones could require surgery for repair and can result in ongoing physical therapy costs. In the same way nerve damage caused by harsh handling or pressure from a manual instrument could cause long-term pain and limitations. Your lawyer will assess your child's medical needs and estimate cost of treatment for the rest of his life. You will then seek enough compensation to cover them.

You will need to prove that a healthcare professional owed the duty to you, that they did not fulfill that duty, and that this breach led to the injury of your child. This usually requires medical experts to analyze the situation and give an opinion based on their experience.

Depending on the circumstances you could be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will write to all of these individuals to inform them that a claim for medical malpractice has been filed. They may resolve the issue without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit could result in the payment of compensation for physical and emotional injuries suffered by a child. The amount of damages that a family receives is determined by the severity of the injury as well as its impact on the child's life.

In order to win a case, parents must prove that an medical professional or institution failed to act according to the standards of care. This means that the physician or hospital did not act with competence or judgment in the event that their actions or inaction resulted in an injury to a patient. Medical experts are often involved by both sides to determine the standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be risky, time consuming and expensive. A settlement provides families with financial compensation earlier and in a less adversarial process. Settlements also ensure that a child's future needs are taken care of. This could include the costs of a disability van, home modifications and specialized equipment in addition to ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards juries could award in a birth injury case. They are often given to punish the perpetrator and prevent others from doing the same. These awards are designed to convince victims that their case was taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. They can also bring a lawsuit for punitive damages, in the event that they are appropriate. Punitive damages can be granted based on the defendant's actions or a determination of moral immorality. They typically are four times the amount of other damages that are awarded.

A lawyer can help you obtain a substantial award for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states cap the amount of compensation victims can receive. Virginia is one of them. It caps damages at the cost of treatment until a victim reaches their tenth birthday. Other states restrict damages for suffering and pain as well as other types.

Damages for non-economic damages

In most cases, the injuries of a child will require lifetime treatment. This can include medical treatment, therapies, and other costs. It could also cover future lost earnings if 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 in calculating the total cost of your child's injuries, which includes economic damages as well as. They will work with expert witnesses to construct a convincing argument to demonstrate the severity of your child's injuries and their impact on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. These documents are essential to obtain as soon as you can if you suspect that you have suffered a birth trauma. They could be lost, misplaced, or destroyed. Attorneys can help you get these documents as soon as possible.

Compensation for economic damages

A birth injury may result in a number of costs that might not be immediately apparent. These costs include medical bills already paid, as well as the anticipated costs for future therapy and care at home or in a hospital and medication, adaptive equipment and travel to and from appointments with therapists and doctors.

A severe disability can make it difficult for an individual to earn a decent living. This can also cause a ripple effect on the finances of a family. Parents might have to give up their jobs or cease working altogether to take care of a disabled child. This can lead to the loss of wages.

Parents who file an injury claim in the birth must keep track of these costs and losses in order to determine the maximum award they could receive. When a jury or birth injury lawsuit court decides to award damages, they take into consideration the needs of the victim throughout their life. The more accurate the estimate of the future medical expenses and losses, higher the amount of award will be. Damages that are not economic can also be awarded although they are harder to quantify. These include emotional distress, pain and suffering as well as loss of quality of life, and loss of consortium.