How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries during birth, you may be entitled to compensation. Generally, the amount of money you receive will depend on a few factors.

The process of bringing a lawsuit begins with your attorney filing a complaint against the defendants. Both parties will then engage in discovery, in which they will exchange evidence and information including medical records.

Medical expenses

Medical costs associated with birth injuries can vary dramatically based on the severity of your child's injuries. Broken bones, for instance, may require surgery and long-term therapy. Similarly, nerve damage caused by manual pressure or rough handling during delivery can cause permanent limitation and pain. Your lawyer will review your child's needs and estimate the costs of treatment over a lifetime to ensure that you are compensated in a sufficient amount.

You will need to demonstrate that a healthcare professional was bound by the duty to you, and that they breached that duty, and that this breach led to the injury of your child. It is typically necessary to have medical experts review the case and give their opinion basing on their previous experience.

Depending on the circumstances you may be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth occurred. Your legal team will contact each of them to inform them that a claim for medical malpractice has been filed. They may resolve the issue without having to file an action.

Suffering and pain

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

Parents must prove that the medical professional or facility did not operate in accordance with the standard of care to win an award. It is a way of saying that a physician or hospital's actions or inactions led to an injury to a patient. Medical experts are often involved by both sides to determine the standard. Obstetricians and specialists are held to higher standards than generalist doctors.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, time-consuming and expensive. A settlement allows families to receive financial compensation faster and in a less tense way. Settlements guarantee that the future needs of children are met. This can include the cost of a disability van as well as home modifications and special equipment, as well as ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

Punitive damages are the most severe amount a jury may make in cases involving birth injury lawsuits injuries. They are usually awarded to punish the wrongdoer and discourage others from committing similar offenses. These awards are designed to make the victims believe that their case was taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes economic damages. If appropriate, they can also file a lawsuit for punitive damages. Punitive damages may be granted based on the defendant's actions or a determination of moral immorality. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help you get a substantial amount of money for medical expenses of your child and other financial losses. They can also file lawsuits for emotional trauma and other non-financial losses. Some states place caps on the amount of compensation that a victim can receive. Virginia is one of them. It restricts damages to the cost of treatment to the victim's 10th birthday. Other states limit damages for suffering and pain and other types of damages.

Damages for noneconomic damages

In many instances children's injuries result in ongoing medical treatment. This can include medical treatment as well as therapies and other expenses. It could also include future loss of wages if the injury interferes with the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist you calculate the total cost of your child's injury including non-economic damages. They will work with experts to create a case to show how badly your child was injured and the effect on their life. They will also use expert witness testimony to prove the doctor's lapse of duty of care.

They could also request access to your child's medical records. They are essential to your case. It is important to request them when you suspect that there is a birth injury as they are frequently lost or lost, or destroyed. An attorney can assist you obtain these documents as fast as you can.

Economic damages - Damages

A birth injury could result in a variety of costs that aren't immediately obvious. These expenses include medical bills already paid, as well as the anticipated costs of future therapy including in-home or institution-based care and medication, adaptive equipment and travel to and from therapist or doctor's appointments.

A disability that is severe can make it difficult for an individual to earn a living. This can also impact the finances of a family. Parents might have to quit their jobs or even stop working completely to care for a disabled child. This can lead to losing income.

Parents who are pursuing a claim for birth injuries should keep track of all these costs and losses in order to determine the amount they can be awarded. When a judge or jury awards damages, they take into consideration a victim's long-term requirements. The more accurate the estimate of future medical costs and losses, the higher the amount of compensation will be. Non-economic damages are more difficult to put a price on but they can be awarded too. They include emotional distress, suffering and loss of quality of life and loss of consortium.