How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries during birth, you may be entitled to compensation. Generally speaking, the amount the amount you receive will be contingent on a few factors.

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

Medical expenses

Medical expenses associated with a birth injury can vary significantly based on the nature of the injuries your child sustains. For instance broken bones could require surgery for repair and may result in long-term physical therapy costs. In the same way nerve damage caused by manual pressure or rough handling can cause permanent limitation and pain. Your lawyer will assess your child's medical needs and birth injury determine the estimated lifetime treatment costs to seek sufficient compensation to cover these.

You must demonstrate that a healthcare professional owed the duty to you, and that they breached their obligation, and that the breach caused injuries to your child. This usually requires medical experts to review the situation and give an opinion based on their experiences.

Depending on the circumstances you could be able identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, his assistants and the hospital in the birthing room. Your legal team will write to all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit can result in a settlement for emotional and physical injuries sustained by a child. The amount of compensation the family is awarded depends on the severity of the injuries and their effects on a child's daily life.

To win a claim parents must prove that the medical professional or facility failed to perform their duties in accordance with the standard of care. It is a way of saying that a physician or hospital's actions caused an injury to a patient. Both sides usually employ medical experts to help define the standards. Obstetricians and specialists are held to higher standards than generalist doctors.

Most birth injury cases settle rather than going to trial. Trials can be costly, time-consuming and expensive. Settlements offer families the financial benefits much faster and in a less threatening process. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe amount juries could award in a birth injury case. They are often given to punish the perpetrator and discourage others from committing similar crimes. These awards are also designed to make victims feel that their cases have been taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including non-economic damage. They can also bring a lawsuit for punitive damages as long as they are legal. Punitive damages can be granted based on the defendant's behavior or on a remark of moral immorality. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help you win you a substantial amount to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma or other damages that aren't financial. Certain states limit the amount of compensation a victim may receive. Virginia for instance, caps damages at the cost of care through the victim's tenth birthday. Other states limit damages for pain and suffering as well as other types.

Damages for non-economic damages

In many instances, the injuries sustained by a child require lifetime treatment. This includes medical treatment therapies, as well as other costs. This may include the loss of future earnings if the injury interferes with the child's ability to work and earn money. This is called loss of consortium.

Your lawyer will assist you estimate the full costs of your child's injuries as well as non-economic damage. They will work with experts to create an argument to demonstrate how much your child was injured and the impact on their life. They also will use expert witnesses to prove the doctor's violation of duty of care.

They may also request access to your child’s medical records. These are crucial to your case. It is essential to obtain them when you suspect a birth injury because they are frequently lost, misplaced, or destroyed. Your attorney can help you in getting these documents as quickly as possible.

Compensation for economic damages

A birth injury could cause a range of expenses that aren't immediately evident. These include medical charges that have already been paid, as well as the anticipated costs of future therapy such as in-home or institutional treatment, medication, adaptive equipment and transportation to and from appointments with therapists and doctors.

Furthermore, a serious disability can make it difficult for an individual to earn an income that is sufficient. This could also impact the family's finances. Parents might have to give up their jobs or quit their jobs completely to care for the child with disabilities. This can lead to loss of earnings.

Parents who file a birth injury claim should keep track of all these expenses and losses to determine their maximum potential award. If a court or jury decides to award damages, it takes into consideration the needs of the victim throughout their life. The more accurate the estimation of the future medical expenses and losses, the more the award amount will be. Non-economic damages can also be granted, even though they are more difficult to quantify. They include emotional suffering, distress loss of quality of life, and loss of consortium.