birth injury attorney Injury Compensation

If your child is suffering from a birth injury resulting from the negligence of a doctor or an unjust act, it can be devastating. These injuries can require lifelong treatment and care. You will be left with huge financial costs.

Many birth injuries cases involve a tense debate about medical errors versus malpractice. Our lawyers can clarify the differences.

Costs of Treatment

Insurance companies, attorneys, and birth injury lawsuit judges weigh the severity of the birth injury as well as the impact it can have on the child's life in determining the amount compensation to be awarded. If a child needs extensive medical treatment that continues for a long time, the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can aid families in covering these costs. Lawyers often work with experts in putting together a "Life Care Plan," that calculates the total costs of a child's injury. These costs include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, etc.

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

Many states have enacted medical indemnity funds in order to help families of children suffering from birth injuries. These funds collect a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to a pool of resources. In addition to providing monetary assistance, these programs could also help reduce the necessity for families to bring a lawsuit. JLARC staff however found that these programs did not always meet their goals and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic encephalopathy will have long-term medical needs. These requirements include physical therapy, special equipment and home health. These costs can be quite significant.

A life-care planning document is one that lists the future medical, educational home, and other costs a child with disabilities will endure throughout their lifetime. These plans are often used to calculate the economic portion of damages in a birth injury lawsuit. The plans must be precise and carefully designed to comply with the strict requirements for admissibility.

Life-care experts can assist in the development of these documents based on the their input and the formal opinions of disabled children's doctors, therapists, and caregivers. The plans include a comprehensive account of the injury and its diagnosis. They outline the root causes of the disability and their long-term effects.

A medical malpractice lawyer must work with a life planner to draft the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child receives the proper compensation to cover the cost of all of his or her future medical expenses and care. The funds are usually placed into a special needs trust that is managed by a reputable administrator. Typically, the amount of funds given will be adjusted regularly to accommodate changes in your child's requirements.

Suffering and Pain

In a birth injury lawsuit damages are awarded to cover a plaintiff's past and future pain and suffering. This includes mental and physical discomfort caused by the injury as well as an inability to participate in activities that are enjoyed by others.

You may also recover earnings if the injury of a victim limits their options professionally or prevents them working at all. Families can also be compensated for the care of an injured child.

The verdicts in medical malpractice cases are often extremely high, since juries tend to be sympathetic towards victims and hold doctors accountable for their actions. Due to this, some hospitals and doctors prefer to settle instead of taking on a trial, which is expensive and birth injury lawsuit stressful for all parties involved.

Both sides will collect evidence to support their arguments during the trial. They will exchange documents during the process known as discovery, which involves deposing a witnesses to obtain their statements under the oath. The defendants can also ask to look over the medical records of the plaintiff which is permitted in all states.

An attorney with experience in this type of situation is needed to make an effective claim for birth injury. An experienced lawyer will examine the facts of your case, determine if it is in line with the legal requirements and work to secure the best settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits include punitive damages. These are intended to convey a message and discourage future reckless behavior. The award of these damages is made when there is a high degree of malice or negligence on the part the doctor. However, they are not common in cases of birth injuries.

After identifying the defendants the attorney must gather and evaluate the evidence in support of the claim. They must show that the injuries caused by the medical professionals failed to meet standards of care. The legal team must provide evidence of losses associated with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are figured out by taking into account ongoing treatment costs including long-term facilities and other services. They can also include lost earnings if a traumatic event resulted in both parents to lose their job.

The legal team will create a demand document to be presented to the malpractice lawyers. The document will explain the birth injuries and the impact they have on the child and the family, and ask for compensation for these losses. The attorneys will negotiate until a settlement has been reached with the medical practitioners. During the discovery process, attorneys will share information with the other party regarding their case. This may include taking depositions of witnesses who take oath testimony.