Birth Injury Compensation

If your child suffers a birth injury because of the negligence of a doctor or an unjust decision, it could be devastating. These injuries could require long-term treatment and care. You'll be left with enormous financial costs.

Additionally, many birth injuries cases require a complex debate about medical mistakes versus malpractice. Our lawyers can help you understand the differences.

Costs of Treatment

When determining how much to award for a birth injury attorneys injury the attorneys of insurance companies and injuries judges consider the degree of the injury as well as its impact on the child's quality of life. If a child needs 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 could help families pay for these expenses. Lawyers often collaborate with experts to create a "Life Care Plan," which calculates the lifetime costs of a child's injury. These include hospitalization including surgical interventions, specialized medical treatment prescriptions, home renovations and equipment, and much more.

Your legal team will gather medical documents from the time of your child's birth and pregnancy, as well as firsthand stories from family members. These documents will be used to prove that your child was injured as a result of medical malpractice, and also to prove the extent to which the injury occurred.

Many states have passed medical indemnity funds in order to provide financial assistance to families of children who suffer from birth injuries. These funds collect some of the malpractice insurance premiums, or require hospitals and doctors to contribute to the resource pool. These programs can help families with financial assistance and lessen the need to file a lawsuit. JLARC staff however found that these programs did not always meet their goals and could be improved.

Life Care Planning

Children with conditions such as hypoxic ischephalopathy or cerebral palsy will require medical attention throughout their lives. These requirements include physical therapy and equipment that is specialized, as well as home health care. These costs can be substantial.

A life-care planning plan is an important document that outlines the future medical, educational home, and other expenditures a child with disabilities will endure throughout their life. These plans are typically utilized to calculate the financial portion of damages awarded in a case of birth injury. They must be comprehensive and carefully designed to meet the strict requirements of evidentiary for the admissibility of the plan in court.

Life-care planners can assist to draft these documents with information and formal opinions from the child's doctor, therapists and caregivers. The plans also include a detailed narrative of the injury that caused it and its diagnosis. They explain the underlying causes of the disability and their long-term effects.

A medical malpractice attorney should collaborate with a planner for life to create the most effective plan for their client's needs. The goal 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 managed by an approved administrator. Typically, the amount of funds granted will be adjusted over time to meet any changes in your child's requirements.

Suffering and Pain

In cases where birth injuries are involved, damages are awarded to compensate the plaintiff for past and future discomfort and pain. This includes the physical and mental discomfort caused by the injury, as and the inability to take part in activities that others can do.

You may also be able to recover lost earnings if the injury of a victim limits their options professionally or injuries prohibits them from working all. Families can also receive compensation for the care and treatment of an injured child.

Medical malpractice cases often receive very high verdicts, since juries tend to show compassion for victims and hold medical professionals accountable for their mistakes. This is why some hospitals and doctors prefer to settle rather than risk an appeal, which can be expensive and stressful for the parties involved.

Both sides will gather evidence to back their arguments in the course of trial. They will exchange documents through a process known as discovery, which involves interviewing witnesses to obtain their statements under the oath. The defendants may also ask to examine the medical records of a plaintiff as it is legal in most states.

An experienced lawyer who has handled this kind of case is required to file a successful claim for birth injury attorney injury. An experienced attorney will review the facts of your case, determine if it meets the legal requirements and ensure the highest financial settlement possible.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damages, that are intended as a stern warning to deter future negligence. They are awarded in instances of grave negligence or when there was willful misconduct on the part the medical professional. They are rare in the case of birth injuries.

After identifying the defendants the attorney needs to gather and review the evidence to support the claim. They must prove that the injuries sustained by medical professionals were not at the standards of care required. The legal team also needs to show the costs associated with these injuries, known as "damages." The information could be either economic or non-economic in nature.

Economic losses are figured out by making estimates of ongoing treatment costs which includes long-term facilities as well as other services. They may also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will develop the demand package which they will present to the malpractice insurance companies. This document will describe the birth injury and its impact on the child's family and and request compensation to cover the costs of these losses. The lawyers will negotiate with medical professionals until the settlement is reached. During this negotiation, the lawyers will share information about their cases with the opposing side by way of discovery, which may include depositions of witnesses who testify under the oath.