How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child is injured in the course of birth. The amount of compensation you receive depends on several variables.

The process of bringing a lawsuit begins by your attorney submitting an accusation against the defendants. Both parties will then engage in discovery, where they trade evidence and documents that includes medical records.

Medical expenses

Medical costs associated with birth injuries can vary significantly based on the nature of your child’s injuries. Broken bones, for birth Injuries instance could require surgery as well as long-term therapy. In the same way nerve damage resulting from manual pressure or rough handling could cause long-term limitation and pain. Your lawyer will review the needs of your child and estimate the costs of treatment over the course of their lives to ensure you are compensated in a sufficient amount.

You will have to show that the healthcare professional was owed obligations, and that they breached this duty and that their negligence resulted in your child’s injuries. The most common way to prove this is for medical experts to examine the case and offer an opinion based on their experiences.

Depending on your situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth occurred. Your legal team will write letters to all of these parties informing them that a medical negligence claim has been filed and that they are given an opportunity to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawsuit can result in compensation for emotional and physical harms sustained by a child. The amount of compensation an individual family receives is contingent on the severity of the injuries and the effects on a child’s daily life.

To prevail parents must show that the medical professional or facility failed to perform their duties in accordance with the standard of care. This means that the doctor or hospital acted with a lack of expertise or judgment in a situation where their actions or inaction led to injuries to the body. Medical experts are often consulted by both sides to help determine the standard. Obstetricians, for instance, are held to higher standards than generalist doctors.

Most cases involving birth injuries settle rather than going to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive financial compensation sooner and in a less threatening process. Settlements guarantee that the future needs of a child are addressed. This could include the expense of a wheelchair van and home modifications, as well as specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe award juries could award in cases involving birth injury law firms injuries. They are usually awarded to penalize the wrongdoer and to deter others from doing similar offenses. These awards are also intended to make the victims feel like their cases have been taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are determined by the conduct of the defendant and the conclusion of moral turpitude. They typically amount to four times the other damages given.

A lawyer can assist you to receive a substantial settlement for your child’s medical expenses and other financial losses. They may also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states cap the amount of compensation the victim can receive. Virginia for instance, restricts damages to the cost of treatment up to the victim’s 10th birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many cases, injuries sustained by a child require lifetime treatment. This can include medical treatment therapies, as well as other expenses. It could also include future lost earnings if the accident can hinder the child’s ability to work and make a living. This is known as loss of consortium.

Your lawyer will help you in calculating the total cost of your child’s injuries including non-economic damages. They will work with experts to create a case that demonstrates how severely your child was injured and birth injuries the impact it had on their life. They will also make use of expert witnesses to prove that the doctor’s breach of duty of care.

They may also ask for access to the medical records of your child. These are crucial to your case. These documents are essential to request as soon as possible if you suspect a birth trauma. They can be lost, stolen or destroyed. Your attorney can assist you to get these documents as soon as you can.

Damages for economic damage

A birth injury could result in a range of expenses that may not be immediately apparent. These expenses include the medical bills already incurred as well as projected costs of therapy to come, in-home or institutional care and medication, adaptive equipment and travel to and from therapist and doctor’s appointments.

A disability that is severe can hinder an person to earn a living. This could also have a ripple effect on the family’s finances. Parents may need to quit their job, or even quit work entirely in order to care for a disabled child, leading to loss of income.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses in order to determine their maximum possible award. When a jury or court awards damages, it takes into consideration the needs of the victim for the rest of their life. The more money awarded is, the more accurate the estimate of future medical costs. Non-economic damages are harder to put a price on, but they can be also awarded. These may include emotional distress, pain and suffering and loss of quality of life and loss of consortium.