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Birth Injury Compensation

Children who have suffered birth injuries deserve every resource they need to lead a full and fulfilling life. A settlement’s financial benefits could help them access those resources.

A petition may be filed by the personal representative of an injured infant or his guardianship, parents, ad to the child, or the next of relatives. After filing a petition there is a reasonable assumption that will arise that the alleged injury was a neurologic birth injury as defined in SS 38.2-5001.

Medical expenses

It can be extremely traumatic to discover that a child has suffered from a birth injury law firms injury because of medical negligence. Aside from the emotional trauma that can result in the aftermath, financial burdens can be a significant issue. Parents are responsible for medical treatment as soon as they can and could be required to spend an entire lifetime in therapy and other treatments.

Your lawyer will review the evidence to establish that the health care provider made an error which directly led to your child’s injuries. Then, he will determine your child’s estimated future expenses and include them in the demand for compensation. These expenses are referred as economic damages.

You can seek non-economic damages, in addition to paying the medical bills of your child and any other expenses associated with it. This will compensate you and your loved ones for the suffering and pain your child has endured. These damages aren’t as quantifiable and can include mental anguish, disfigurement and other intangibles.

Many states have implemented medical indemnity programs to cover future medical and rehabilitation costs for patients who suffer severe birth injuries. These funds receive a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to the fund. For example the New York’s Medical Indemnity Fund provides lifetime payments for adults and children with a neurological birth injury.

Pain and suffering

Giving your child lifelong medical care and treatment following a birth injury is incredibly expensive. Even minor injuries can increase in value. You deserve compensation for the pain and suffering that can accompany these injuries.

Always consult with an attorney prior to speaking to anyone from the hospital or insurance company, regardless of how serious the injuries may be. You might be able use the information you provide against them, and they may attempt to reduce your compensation. This is why it’s essential to speak with an experienced birth injury lawyer prior birth injury to doing anything else.

After consulting with an attorney, they will develop a strong argument for the injuries your child sustained. This may include the use of expert testimony to prove your claim. They will also request swearing statements from the lawyers representing the defendants as well as any other parties involved.

If they are able to prove their case Your lawyer will submit an order to the responsible doctor and hospital. The document details the specifics of your child’s injuries and how they were caused through medical malpractice. The document will also contain evidence and documents to support your claim. If your doctor rejects your request, then your lawyer will file suit.

Future care costs

Severe birth injury can result in costly long-term treatment, which impacts families financially. A child who has cerebral palsy will require lifelong treatment, which may include surgeries, home health care assistants, medication and therapy sessions along with doctor’s visits and prescriptions. These expenses can quickly mount up and significantly impact a family’s life.

In certain cases, a birth injury lawyer will engage an expert to create what’s called a “life care plan.” The document estimates future requirements based on a victim’s age and medical history. It includes estimates of annual costs for things like medication or therapy sessions, doctor visits and attendant care, lost income in the future transport, and home renovations.

These damages are often significant portions of a settlement or jury verdict in a birth injury lawsuit, and they’re intended to improve the victim’s quality of life. Some states limit noneconomic damage, and this limitation can apply to birth injury cases.

Many hospitals, doctors, and insurance companies are reluctant to admit their fault or offer to compensate for a birth injury. The majority of lawyers prefer to settle instead of going to trial. An attorney will prepare an offer package and then send it to the medical experts involved in the matter along with a detailed explanation of the circumstances underlying the injuries your child sustained. If the doctor or hospital does not accept the terms, your lawyer will bring a lawsuit.

Economic Damages

A birth injury can be expensive to treat and victims can expect to require costly care for years or even their entire lives. Economic damages in these cases can include future and past medical expenses, as well in other expenses associated with the victim’s care like mobility aids. These are usually assessed by a specialist expert witness.

Parents are also entitled to compensation for the emotional distress they’ve experienced knowing that the medical negligence of their child could have been avoided. Certain states have laws acknowledging this emotional trauma and providing victims with non-economic compensation for it.

It’s important for families to remember that even though many birth injuries result in grave and debilitating conditions children can lead an exemplary life with the appropriate support. It is essential that they have the financial resources necessary to live a healthy and happy life.

An experienced lawyer can assist families file a birth injury lawsuit against the doctor or hospital accountable for the child’s injury. They’ll take an in-depth look at the situation and gather additional evidence to build a strong argument that the medical professional failed to uphold a high standard of care. They’ll then engage with the defendants in order to determine the possibility of a settlement being reached. If not, they will start an action.