Birth Injury Compensation

If your child has a birth injury resulting from a doctor's negligence or wrongful action, it can be devastating. These injuries could require long-term treatment and care. You'll be faced with a huge financial burden.

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

Costs of Treatment

When determining how much to pay for a birth injury the attorneys of insurance companies and judges take into account the degree of the injury as well as the impact it has on the child's quality of life. For instance the child who suffers from a medical condition requires continuous medical treatment that will increase the value of a claim.

Medical treatment for artesia birth injury lawsuit injuries can be extremely expensive. The compensation for a birth injury will help families pay for these expenses. Experts and lawyers often collaborate to create an "Life Care Plan" that calculates the costs of a child’s injury over the course of their lives. These costs include hospitalization, surgery, medical treatments and prescriptions, birth injury home improvements and equipment, etc.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, along with firsthand accounts from family members. They will use these records to demonstrate that your child suffered an injury due to medical negligence and to demonstrate the extent of the damage caused.

Many states have enacted medical indemnity funds in order to provide financial assistance to families of children suffering from birth injuries. These funds take a percentage of malpractice insurance premiums. They also require doctors and hospitals to contribute to an investment fund. These programs can help families with financial assistance and decrease the necessity of filing a lawsuit. However, JLARC staff found that these programs may not always meet their objectives and should be improved.

Life Care Planning

Children who suffer from conditions like cerebral palsy and hypoxic-ischemic encephalopathy will face permanent medical requirements. This includes physical therapies or equipment for specialized use, as well as home health treatment. In many cases, these costs can be quite significant.

A life-care plan is a document that establishes the future medical educational, in-home, and other costs that disabled children will have to pay for the rest of his or their life. These plans are used to calculate the economic amount that is awarded in the event of birth injury. These plans must be comprehensive and carefully designed to meet the strict requirements of admissibility.

Life-care planning experts can help to create these documents using input and formal opinions from the child's doctor caregivers, therapists, and doctors. The plans include a comprehensive narrative about the initial injury and its diagnosis. They describe the underlying cause of the disability and its long-term effects.

A medical malpractice lawyer should work with a life care planner to come up with the most suitable plan for their clients' situation. The goal of the plan is to ensure that your child receives the proper compensation to cover the cost of all of his or her future care and expenses. The money awarded is typically put into a special needs trust, which is overseen by a licensed administrator. Typically, the amount of funds awarded will be adjusted periodically to meet the changing needs of your child's needs.

Pain and Suffering

In cases where birth injuries are involved the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes physical and mental discomfort caused by the injury as well as an inability to participate in the activities that are normally enjoyed by others.

It is also possible to recuperate for lost income if an individual's disability restricts their career options or prohibits them from working in any way. Additionally, families could be compensated if they are required to help care for an injured child.

The verdicts for medical malpractice cases are usually very high as juries tend to be compassionate towards victims and hold doctors responsible for their actions. Many hospitals and doctors opt to settle rather than risk a trial that is expensive and stressful for all involved.

Both sides will collect evidence to support their arguments in the course of litigation. They will share documents during a process called discovery, which is the process of interviewing witnesses to obtain their statements under the oath. In many states, defendants are able to request to view the records of the plaintiff.

A successful greenfield birth injury lawsuit injury lawsuit requires a skilled lawyer in these kinds of cases. An experienced attorney will go over the circumstances of your case, determine if it is in line with the legal requirements and ensure the highest financial settlement possible.

Punitive Damages

Some medical malpractice suits include punitive damage awards intended to serve as a warning and prevent future negligence. The damages can be awarded when there is a high level of malice or negligence on the part the doctor. They are very rare in cases of birth injury.

Once the attorney has identified the proper defendants, they must find and analyze evidence to support their assertions. They must show that the injuries caused by medical professionals did not conform to the a high standard of medical care. The legal team must also prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are usually calculated by estimation of the cost of a child's ongoing treatment, which may include long-term care facilities and other services. They may also include lost earnings if a traumatic event has caused both parents to lose their job.

The legal team will then create a demand document to present to the malpractice insurance companies. The document will outline the birth injuries and the impact they have on the child and the family, and request compensation for the loss. The attorneys will negotiate until a settlement is reached with the medical providers. During this negotiation, the lawyers will share information about their cases with the other side through discovery, which involves taking depositions from witnesses who take testimony under an oath.