How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you may be entitled to compensation. The amount you receive is contingent on a variety of factors.

The process of suing begins when your attorney files a complaint against defendants. Both parties will then engage in discovery, where they exchange evidence and information that includes medical records.

Medical expenses

Medical costs associated with a birth injury can vary dramatically based on the severity of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Also, nerve damage caused by pressure applied manually or rough handling during birth can result in permanent limitation and pain. Your lawyer will assess your child's medical needs and estimate costs for treatment over the course of their lives to ensure enough compensation to cover these.

You must show that the healthcare professional owed you a duty, that they violated their duty and that their failure resulted in your child's injuries. It is common for medical experts to review the situation and give an assessment based on their knowledge.

Based on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your child, the assistants and the hospital in the hospital where the birth took place. Your legal team will write letters to all of these parties, advising them that a claim for medical malpractice has been filed and that they have an opportunity to settle the matter prior to filing an action.

Pain and suffering

A birth injury Law Firms injury lawsuit can result in compensation for the physical and emotional harms suffered by the child. The amount of damages a family receives depends on the severity of the injuries as well as the impact on a child's life.

To win a claim parents must show that a medical professional or a facility did not act in accordance with the standard of care. This means that a physician or hospital's actions, or inactions, caused the victim to suffer a medical injury. Both sides typically employ medical experts to help determine the acceptable standards. Specialists, such as Obstetricians, are held to higher standards.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be risky, lengthy and costly. A settlement provides families with financial compensation much sooner and in a less adversarial process. Settlements guarantee that the future needs of a child are taken care of. This could include the expense of a wheelchair van and home modifications, as well as specialized equipment, and ongoing medical care.

Punitive damages

In the event of a birth injury, punitive damages can be the most severe judgment that a jury could make. They are usually given to punish the perpetrator and to deter others from doing similar offenses. They also aim to ensure that victims feel their cases have been treated seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes non-economic damage. They can also bring a lawsuit for punitive damages, when they are appropriate. Punitive damages can be given based on the defendant's behavior or a finding of moral immorality. They are usually four times the other damages given.

A lawyer can help win you a significant amount of money to cover your child's medical costs and other financial losses. They may also file a suit for emotional trauma or other damages that aren't financial. Certain states limit the amount of compensation the victim can receive. Virginia, for example, restricts damages to the cost of treatment up to a victim's tenth birthday. Other states also have caps on pain and suffering and other types of damages.

Damages for non-economic damages

In many instances, a child's injuries will cause lifetime treatment. This includes medical care or therapies, as well as any other expenses. It could also include future loss of wages if the injury is interfering with the child's capacity to work and earn an income. This is known as loss consortium.

Your lawyer will assist you estimate the full cost of your child's injury as well as non-economic damage. They will collaborate with expert witnesses to construct a convincing case to prove the severity of your child's injuries and their consequences on his or her life. They will also use expert witnesses to prove that the doctor's breach of duty of care.

They may also demand access to your child’s medical records. They are essential to your case. These documents are essential to get as soon as possible if you suspect a birth trauma. They can be lost, lost or destroyed. Your attorney can assist in getting these documents as quickly as is possible.

Compensation for economic damages

A birth injury lawyer injury can cause a range of expenses that are not immediately obvious. These expenses include the medical bills already incurred as well as projected costs for future therapy, in-home or institutional care and medication, adaptive equipment and travel to and from doctor's and therapist's appointments.

Furthermore, a disability that is severe can make it difficult for an individual to earn an income that is sufficient. This could also impact the finances of the family. Parents might need to quit their job or stop work entirely in order to care for a disabled child, leading to a loss of wages.

Parents who file a birth injury claim must keep track of all these costs and losses to determine their maximum possible award. When a jury or a court gives damages, they will take into account the victim's ongoing requirements. The more accurate the estimate of the future medical expenses and losses, the more the award amount will be. In addition, non-economic damages can be granted although they are more difficult to quantify. These can include emotional distress, pain and suffering, loss of quality of life and loss of consortium.