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How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injury during birth. Generally, the amount of money you receive will depend on a number of factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will then engage in discovery where they will trade evidence and documents such as medical records.

Medical expenses

Medical expenses for a birth injury vary widely in relation to the severity the injury. Broken bones, for instance, may require surgery and long-term therapy. In the same way, nerve damage triggered by pressure applied manually or rough handling during delivery can result in permanent pain and limitations. Your lawyer will analyze your child’s needs and estimate the costs of treatment over a lifetime to ensure you receive enough compensation.

You must prove that a healthcare professional was bound by an obligation to you, that they did not fulfill that duty, and that this breach caused the injuries of your child. It is usually necessary to have medical experts review the situation and offer their opinions in light of their experience.

Depending on the circumstances, you could be able include a number of healthcare professionals and birth injury lawsuit hospitals in your lawsuit. This includes the doctor who gave birth to your child, the 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 can settle the matter without filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in compensation for physical and emotional injuries sustained by a child. The amount of damage families receive is determined by the severity of the injury as well as its impact on the child’s life.

Parents must demonstrate that the medical professional or facility was not in compliance with the standard of care to win a claim. This means that a physician or hospital’s actions, or inactions, caused the victim to suffer a medical injury. Medical experts are often consulted by both sides to determine the standard. Obstetricians who are specialists are held to higher standards than generalist doctors.

The majority of birth injury cases are settled rather than going to trial. Trials can be risky, expensive and time-consuming. Settlements allow families to receive financial compensation faster and in a more amicable manner. Settlements also ensure that a child’s future needs are satisfied. This could include the cost of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatment for illnesses like cerebral palsy.

Punitive damages

Punitive damages are among the most severe award juries can award in the case of a birth injury. These damages are often awarded in order to punish the perpetrator and deter others from doing the same. They also aim to ensure that victims feel their cases have been taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, which includes non-economic damage. They can also make a claim for punitive damages, if they are appropriate. Punitive damages are based on the defendant’s behavior and a finding of moral indecency. They typically are four times the amount of other damages.

A lawyer can help win you a substantial amount to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other non-financial losses. Certain states have caps on the amount of compensation a victim can receive. Virginia, for example, caps damages at the cost of treatment up to a victim’s tenth birthday. Other states have limits on pain and suffering and other types of damages.

Damages for non-economic damages

In many cases children’s injuries result in ongoing care. This includes medical treatments and therapies, along with other costs. It may also include lost earnings if the injury can hinder the child’s ability to work and earn money. This is known as loss of consortium.

Your lawyer will help you in calculating the full cost of your child’s injury, including non-economic damages. They will work with experts to create a case that demonstrates how severely your child was harmed and the impact on their life. They also will use expert witness testimony to prove that the doctor’s breach of duty of care.

They could request access to your child’s medical records. These are crucial to your case. These documents are important to request as quickly as you can in the event of a birth trauma. They can be lost, misplaced, or destroyed. Your attorney can assist in obtaining these documents as soon as is possible.

Damages for economic damage

A birth injury can result in a myriad of costs that are not immediately apparent. These expenses include medical bills already paid as well as the projected costs for future therapy including in-home or institution-based care as well as adaptive equipment, medication and transportation to and from therapist or doctor’s appointments.

A serious disability may also restrict the ability of an individual to earn a decent living. This could also cause a ripple effect on the family’s finances. Parents may have to take a break from their work or cease working altogether to care for a disabled child. This could result in losing income.

Parents who seek a birth injury claim must keep track of all costs and losses to determine their maximum potential award. If a court or jury gives damages, they take into consideration the needs of the victim for the rest of their life. The higher the amount awarded is, the more precise the estimation of future medical costs. Damages that are not economic can also be awarded, even though they are harder to quantify. These include emotional suffering, distress loss of quality of life, and loss of consortium.