How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child is injured in the course of birth. Generally, the amount of money you receive will depend on a number of factors.

The process of bringing a lawsuit begins with your attorney filing an accusation against the defendants. Both parties will then engage in discovery where they will exchange evidence and information such as medical records.

Medical expenses

Medical expenses related to birth injuries can vary significantly based on the nature of the injuries your child sustains. For example, broken bones may require surgery to fix them and may result in the cost of physical therapy for a long time. Additionally, nerve damage caused by pressure applied manually or rough handling during the delivery can cause permanent discomfort and even limitations. Your lawyer will analyze the needs of your child and estimate the costs of treatment over a lifetime to ensure that you are compensated for your expenses.

You will need to prove that the healthcare professional was owed a duty, that they violated their duty and that their failure caused the injury to your child. It is generally essential to have medical experts examine the case and offer their opinions basing on their previous experiences.

Depending on the circumstances you might be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth to your baby, the medical assistants and the hospital which the birth injury law firm occurred. Your legal team will send letters to each of these parties informing them that a medical malpractice claim has been filed and that they are given an opportunity to settle the matter before filing a lawsuit.

Suffering and pain

A birth injury lawsuit may result in compensation for physical and emotional injuries that a child suffers. The amount of damages an individual family receives is contingent on the severity of the injury and the effects on a child's daily life.

Parents must demonstrate that the medical professional or facility did not behave in accordance with the standard of care in order to win an award. This means that the physician or hospital acted with a lack of competence or judgment in a situation in which their actions or inactions caused the victim to suffer a medical injury. Both sides frequently employ medical experts to help determine the norm. Specialists, such as doctors of obstetrics, are held accountable to higher standards.

The majority of birth injury cases settle, rather than go to trial. Trials are risky, time consuming and costly. Settlements allow families to receive financial compensation faster and in a more friendly way. Settlements also ensure that a child's future requirements are taken care of. This could include the cost 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

In the case of birth injury, punitive damages may be the most severe judgment that a jury can award. They are often granted to punish the perpetrator and prevent others from doing the same. These awards are also designed to make the victims feel like their case has been taken seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damage. If they are deemed appropriate, they can also file a suit for punitive damages. Punitive damages are given based on the defendant's behavior or on a remark of moral immorality. They are usually four times the amount of other damages that are awarded.

A lawyer can help win you a significant sum to pay for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma and other damages that are not financial. Some states place caps on the amount of compensation a victim could receive. Virginia is one of them. It restricts damages to the cost of treatment until a victim reaches their 10th birthday. Other states restrict damages for suffering and pain in addition to other types.

Damages for non-economic damages

In most cases, the injuries of a child require lifetime care. This includes medical treatment, therapies, and any other costs. This could include the possibility of losing future wages if an injury interferes with the child's ability to work and earn an income. This is known as loss consortium.

Your lawyer will help you calculate the total cost of your child's injuries as well as non-economic damage. They will work with experts to build an argument to demonstrate how severely your child was injured and the effects on their life. They will also rely on experts' testimony to prove that the doctor did not fulfill their duty of care.

They could also request access to the medical records of your child. These are vital to your case. It is essential to request these immediately if you suspect a birth injury because they are often lost, misplaced, or destroyed. An attorney can assist you get these documents as swiftly as you can.

Damages for economic damage

A birth injury may cause a variety of expenses that may not be immediately apparent. These include medical expenses already incurred, and also projected expenses for future therapy home care, institutional treatment, medications, adaptive equipment, as well as transport to and from therapist and doctor appointments.

Additionally, a severe disability can limit an individual's ability to earn a living wage. This could also impact the financial situation of a family. Parents might be forced to take a break from their work or even stop working completely to care for a disabled child. This could lead to loss of earnings.

Parents who file a claim to recover for birth injuries should keep track of the costs and losses in order to determine how much they could receive. If a court or jury gives damages, they take into consideration the needs of the victim throughout their life. The more money awarded is, the more accurate the estimate is of future medical costs. Non-economic damages can also be granted even though they are more difficult to quantify. These include emotional suffering, distress and loss of quality of life, and loss of consortium.