How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries in the course of birth. Generally, the amount of compensation you receive will depend on a few variables.

The lawsuit process starts with your attorney filing an accusation against the defendants. Both sides will participate in discovery, where they will exchange evidence and information, including medical records.

Medical expenses

Medical costs for a birth injury vary widely in relation to the severity the injury. For example broken bones could require surgery to fix and can result in costly physical therapy over the long term. In the same way nerve damage resulting from manual pressure or rough handling can lead to permanent pain and limitations. Your lawyer will review your child's needs and estimate the cost of treatment over the course of a lifetime to ensure that you get the right amount of compensation.

You must demonstrate that the healthcare professional was owed the duty of care, that they breached this duty and that their negligence caused the injury to your child. This typically requires medical experts to review the case and offer an assessment based on their knowledge.

Depending on the circumstances you could be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your baby, the assistants and the hospital in which the birth occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file an action.

Pain and suffering

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

Parents must demonstrate that the medical professional or the facility did not act in accordance with the standard of care to prevail in an award. This means that the doctor or hospital was negligent in their expertise or judgment in the event that their actions or inactions caused an injury to a patient. Both sides frequently employ medical experts to help define the standard. Obstetricians, for instance, are held to higher standards than generalist doctors.

The majority of birth injury lawyer injury cases settle rather than going to trial. Trials can be costly, risky and time-consuming. Settlements offer families financial compensation much sooner and in a less threatening process. Settlements ensure that the future needs of children are met. This could include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In the case of birth injuries, punitive damages can be the most severe award that a jury can award. They are usually awarded to punish the wrongdoer and to deter others from doing similar offenses. These awards are also designed to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. If necessary, they may also file a suit for punitive damage. Punitive damages are determined by the defendant's behavior and an indictment of moral indecency. They are typically four times the amount awarded.

A lawyer can help you win you a significant amount of money to help cover medical costs for your child and other financial losses. They may also bring a lawsuit to recover emotional trauma and other non-financial damages. Certain states have caps on the amount of compensation a victim can receive. Virginia, for example, sets the amount of damages to be equal to the cost of medical care up to the victim's tenth birthday. The other states have limits on pain and suffering in addition to other types of damages.

Damages for non-economic damages

In many cases the injuries of a child will cause long-term care. This includes medical treatment, therapies, and any other costs. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn an income. This is known as loss consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries including non-economic damages. They will work with experts to construct an argument to demonstrate how badly your child was harmed and the effects on their life. They will also rely on expert testimony to prove that the doctor did not fulfill their duty of care.

They may also ask for access to the medical records of your child. These are crucial to your case. It is crucial to request them whenever you suspect a birth injury since they are frequently lost or misplaced. They can also be destroyed. Your attorney can help you get these documents as quickly as possible.

Economic damages - Damages

A birth injury may result in a number of costs that may not be obvious at first. These costs include medical bills that have already been paid, as well as the anticipated costs for future therapy such as in-home or institutional treatment as well as adaptive equipment, medication and travel to and from therapist or doctor's appointments.

Additionally, a severe disability could hinder a person's ability to earn an income that is sufficient. This can also have an impact on the finances of a family. A parent may have to quit their job or stop work entirely in order to take care of a disabled child, leading to loss of income.

Parents who seek a birth injury attorney injury claim should keep track of all these costs and losses to determine the maximum amount they could be awarded. When a judge or jury decides to award damages, they take into account a victim's lifelong requirements. The more precise the estimate of the future medical expenses and losses, the higher the award amount will be. Non-economic damages are difficult to put a price on, but they can be also awarded. They can include emotional suffering, distress loss of quality of life and loss of consortium.