How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. The amount of compensation you receive will depend on a number of factors.

The process of bringing a lawsuit begins by your attorney submitting a complaint against the defendants. Both sides will then engage in discovery, where they will exchange evidence and other information such as medical records.

Medical expenses

The medical costs associated with birth injuries vary according to the severity of the injury. For example broken bones can require surgery to fix them and could result in long-term physical therapy costs. In the same way, nerve damage triggered by manual pressure or rough handling during birth can cause permanent limitation and pain. Your lawyer will analyze the medical needs of your child and determine estimated lifetime costs of treatment to ensure sufficient compensation to cover these.

You will need to prove that a healthcare professional owed obligations to you, and that they breached that duty, and that this breach led to the injury of your child. It is common for medical experts to analyze the case and offer an assessment based on their knowledge.

Based on the circumstances, you might be able mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth took place. Your legal team will write letters to all of these parties informing them that a claim for medical malpractice has been filed and they will be given an opportunity to settle the matter prior birth injury Lawsuit filing a lawsuit.

Suffering and pain

A birth injury lawsuit can result in a settlement for emotional and physical injuries suffered by a child. The amount of compensation a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

To be able to claim compensation parents must prove that an medical professional or institution failed to act according to the standard of care. This means that the physician or hospital was negligent in their ability or judgement in a situation where their action or inaction caused an injury to a patient. Both sides typically employ medical experts to help define the standards. Specialists like obstetricians are held to higher standards than generalist physicians.

Most birth injury cases are settled prior to going to trial. Trials can be costly, risky and lengthy. Settlements enable families to receive financial compensation earlier and in a more amicable way. Settlements also ensure that children's future needs are fulfilled. This could include the expense of a wheelchair van home modifications, specialized equipment, and ongoing medical care.

Punitive damages

In the event of a birth injury, punitive damages can be the most severe judgment that a jury could make. They are usually given to punish the perpetrator and discourage others from engaging in similar offenses. These awards are designed to make victims believe that their cases were taken seriously.

A New York City personal injury lawyer can help you determine the worth of your claim, including non-economic damages. If they are deemed appropriate, they can also file a lawsuit for punitive damage. Punitive damages are determined by the defendant's behavior and the finding of moral wrongdoing. They typically amount to four times the other damages granted.

A lawyer can help you win you a significant amount of money to pay for your child's medical expenses and other financial losses. They can also file a suit for emotional trauma, as well as other damages not related to financial. Certain states set limits on the amount of compensation a victim can receive. Virginia for instance, caps damages at the cost of healthcare up to a victim's tenth birthday. Other states limit damages for pain and suffering in addition to other types.

Damages for noneconomic damages

In many cases, a child's injuries will cause ongoing treatment. This includes medical treatments and therapies, along with other costs. This can include future lost earnings if the injury interferes with the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will help you estimate the full costs of your child's injuries including non-economic damages. They will work with expert witnesses to build a solid case that demonstrates the severity of your child's injuries and their impact on his or her life. They will also rely on expert testimony to prove that the doctor violated their duty of care.

They could also request access to your child's medical records. They are essential to your case. It is crucial to request them when you suspect a birth injury because they are often lost or misplaced. They can also be destroyed. Your attorney can help you in obtaining these documents as soon as is possible.

Compensation for economic damages

A birth injury can cause a variety of costs that may not be obvious at first. These include medical bills that have already been paid, as well as the anticipated costs of future therapy, birth injury lawsuit in-home or institutional care, 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 an income that is sufficient. This could also cause a ripple effect on the finances of a family. Parents may need to quit their job, or even quit all work to care for the child who is disabled, leading to loss of income.

Parents who are filing an injury claim in the birth injury lawsuits must keep track of these costs and losses in order to determine the amount they may receive. When a judge or jury decides to award damages, they take into consideration the needs of the victim throughout their life. The more precise the estimate of future medical costs and losses, the higher the amount awarded will be. Damages that are not economic can also be granted, even though they are harder to quantify. These include emotional distress, pain and suffering, loss of quality of life and loss of consortium.