How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries in the course of birth. In general, the amount of money you receive will depend on a few factors.

The process of suing begins when your attorney files a complaint against defendants. Both sides will participate in discovery, in which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses for birth injuries can vary depending on the severity of the injury. Broken bones, for example may require surgery and long-term therapy. Similar to that nerve damage resulting from the pressure of a hand or rough handling can cause permanent pain and limitations. Your lawyer will analyze your child's medical requirements and determine estimated lifetime costs of treatment to ensure sufficient compensation to cover them.

You will have to demonstrate that a healthcare professional was bound by a duty to you, and that they breached that obligation, and that the breach caused the injuries of your child. This typically requires medical experts to analyze the case and give an opinion based on their experiences.

Based on the circumstances depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants, and the hospital which the birth occurred. Your legal team will send letters to all of these parties notifying them that a claim for medical malpractice has been filed and that they are given an opportunity to settle the matter before filing an action.

Pain and suffering

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

To be able to claim compensation parents must show that a medical professional or facility failed to perform their duties in accordance with the standards of care. This means that a doctor or hospital's actions or inactions caused a medical injury. Medical experts are frequently consulted on both sides to determine the standard. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases are settled instead of going to trial. Trials can be risky, expensive and time-consuming. A settlement allows families to receive financial assistance sooner and in a more amiable way. Settlements also ensure that children's future needs are satisfied. This may include the costs of a disability van or home modifications, as well as specialized equipment as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in a birth Injury Law firms injury case. They are usually awarded to punish the wrongdoer and deter others from committing similar crimes. The purpose of these awards is to make the victims believe that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including economic damages. If they are deemed appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the conduct of the defendant and a finding of moral imprudence. They are usually four times the amount of other damages granted.

A lawyer can help win you a significant sum to cover your child's medical costs and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states have caps on the amount of compensation that the victim could receive. Virginia for instance, sets the amount of damages to be equal to the cost of care through the victim's tenth birthday. The other states have limits on pain and suffering as well as other types of damages.

Damages for non-economic damages

In a majority of cases children's injuries result in ongoing treatment. This includes medical treatment therapies, as well as other expenses. This could include the possibility of losing future wages if the injury is interfering with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you determine the total amount of the injuries your child sustained which includes non-economic damages. They will work with experts witnesses to construct a convincing case to prove the severity of your child's injuries and their impact on their life. They will also rely on expert witnesses to prove that the doctor's breach of duty of care.

They can also request access to your child’s medical records. These are crucial to your case. It is important to request these when you suspect a birth injury, as they are often lost, misplaced, or destroyed. Attorneys can help you get these documents as swiftly as is possible.

Damages for economic damage

A birth injury could result in a number of costs that might not be apparent immediately. These expenses include medical bills already paid as well as the projected costs for future therapy and care at home or in a hospital medications, adaptive equipment and travel to and from doctor's and therapist's appointments.

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 a family's finances. Parents may have to take a break from their work or even stop working completely to care for a disabled child. This could lead to losing income.

Parents who file a claim for birth injury must keep track of these costs and losses to determine how much they can receive. When a judge or jury awards damages, they take into consideration the victim's lifetime needs. The more precise the estimation of the future medical expenses and losses, the higher the amount awarded will be. In addition, non-economic damages can be awarded, even though they are harder to quantify. These include emotional suffering, distress and loss of quality of life, and loss of consortium.