Birth Injury Compensation

It can be devastating for your child if they suffer a birth injury as a result of the negligence of a doctor. These injuries can require lifelong treatment and care. You'll be faced with a huge financial burden.

Many birth injury cases also have a complicated debate about medical malpractice versus medical errors. Our lawyers can explain the differences.

Costs of Treatment

Attorneys, insurance companies, and judges look at the severity of the birth injury as well as the impact it can have on the child's life in determining the amount of compensation to be paid. For instance, if a child requires continuous medical treatment, this will increase the value of the claim.

The medical treatment for birth injuries is often expensive. Compensation for birth injuries could help families cover these costs. Lawyers and experts often collaborate to develop an "Life Care Plan" which estimates the costs of a child's injury over the course of their lives. These expenses include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from the time of pregnancy and birth of your child, as well as firsthand reports from relatives. These documents will be used to show that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have established medical indemnity funds that provide financial aid to families of children with birth injuries. These funds may either take the portion of malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. These programs can provide families with financial support and help reduce the necessity of filing a lawsuit. JLARC staff, however, found that these programs didn't always meet their objectives and could be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic encephalopathy will have long-term medical needs. These include physical therapies, specialized equipment, and home health care. The costs for these can be significant.

A life-care planning document is an important document that outlines the future medical, education home, and other expenses children with disabilities will be liable for throughout their life. These plans are often used to calculate the amount of damages awarded in a case involving a birth injury. They should be comprehensive and carefully drafted to meet the strict requirements for evidence admission in the court.

Life-care planning experts can help to create these documents with feedback and formal opinions from the child's doctors caregivers, therapists, and doctors. The plans include a detailed description of the initial injury and its diagnosis. They explain the underlying cause of the disability and its long-term effects.

A medical malpractice lawyer should work with a life planner to come up with the most appropriate plan for their client's situation. The aim of the plan is to ensure your child is compensated enough to cover all of their future expenses and health care. The money awarded is typically put into a special needs trust which is administered by an approved administrator. The amount awarded is usually adjusted annually to reflect changes in the future requirements of your child.

Pain and Suffering

In a starke Birth injury lawsuit-related injury case, damages are awarded for the plaintiff's past and future pain and suffering. This includes the physical and mental suffering caused by the injury as well as the inability to take part in activities that other people can participate in.

It is also possible to recuperate for the loss of income when an individual's disability restricts their professional options or prevents them from working in any way. In addition, families can be compensated if required to provide care for the child who is injured.

The verdicts for medical malpractice cases are typically extremely high because juries tend to be sympathetic to victims and hold doctors responsible for their actions. Due to this, many doctors and hospitals prefer to settle instead of undergoing the trial process, which is expensive and stressful for the parties involved.

During the course of the lawsuit, lawyers for both sides will collect evidence to back their arguments. They will also exchange documents during the process known as discovery, which includes deposing witnesses to get their statements under swearing. The defendants could also ask to see the plaintiff's medical records as it is legal in the majority of states.

An experienced lawyer who has handled this kind of case is required to submit an effective claim for birth injuries. An experienced attorney will go over the facts of your case, determine if it is in line with the requirements for a lawsuit, and work to secure the best financial settlement possible.

Punitive Damages

Some medical malpractice suits contain punitive damages awards, which are meant as a stern warning to discourage future negligence. They can be awarded in cases that involve grave negligence or when there was negligence on the part of the medical professional. However, they are extremely rare in birth injury cases.

After identifying the defendants the attorney must gather and review the evidence to support the claim. They must show that the injuries caused by the medical professionals were not up to a high standard of medical care. The legal team should also provide evidence of losses associated with the injuries, which are known as "damages." These damages can be either economic or starke birth Injury lawsuit non-economic.

Economic losses are usually calculated by estimation of the cost of a child's ongoing treatment, including long-term care facilities and other services. They can also include the loss of earnings if an injury caused one or both parents to lose their job.

The legal team will then prepare a demand letter to be presented to the malpractice insurers. The document will explain the birth injuries and their effects on the child and the family, and demand compensation for the losses. The lawyers will negotiate with the medical providers until a settlement is reached. During this process, the attorneys will exchange information about their cases with the other side by way of discovery, which may include taking depositions from witnesses who swear to their testimony under oath.