How a Birth Injury Claim Works

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

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will then go through discovery where they will discuss evidence and other details including medical records.

Medical expenses

Medical expenses for a birth injury lawyer injury vary widely in relation to the severity the injury. For instance, broken bones may require surgery to repair and may result in long-term physical therapy costs. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can lead to permanent discomfort and limitations. Your lawyer will review your child's medical requirements and determine the estimated costs for treatment over the course of their lives to ensure enough compensation to cover these.

You must establish that the healthcare professional owed you a duty, that they breached this duty and that their breach resulted in your child's injuries. It is typically required to have medical experts look over the case and offer their opinions based on past experiences.

Depending on the situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will write letters to each of these parties, advising them that a medical malpractice lawsuit has been filed and that they have the chance to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit may result in a settlement for physical and emotional injuries suffered by a child. The amount of compensation the family is awarded depends on the severity of the injuries and the impact on the child's life.

Parents must show that the medical professional or the facility did not behave in accordance with the standards of care in order to be able to make a claim. This means that a physician or hospital's actions or inactions caused an injury to a patient. Medical experts are frequently consulted by both sides to help determine the standard. Specialists, like Obstetricians, are held to higher standards.

Most birth injury cases are settled prior to going to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive the financial benefits much faster and in a less threatening process. Settlements also ensure that a child's future needs are taken care of. This can include the cost of a disability van and home modifications, as well as specialized equipment and regular medical treatment for ailments like 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 awarded to penalize the wrongdoer and discourage others from engaging in similar offenses. These awards are also designed to make victims feel that their cases have been treated seriously.

A New York City personal injury lawyer can assist you in determining the value of your claim, including non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are based on the defendant's behavior as well as an indictment of moral wrongdoing. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help get you a substantial amount to help cover medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Some states limit the amount of compensation a victim may receive. Virginia is an example. Virginia caps damages at the cost of treatment to the victim reaches their tenth birthday. Other states also have limitations on pain and suffering and other types of damages.

Damages for non-economic damages

In many cases, a child's injuries will result in ongoing treatment. This includes medical treatment as well as therapies and other expenses. This may include the loss of future wages if the injury interferes with the child's capacity to work and earn money. This is known as loss of consortium.

Your lawyer will assist you to calculate the full cost of your child's injury which includes non-economic damages. They will work with experts witnesses to create a compelling case to prove the severity of your child's injuries and birth injury lawsuit their consequences on his or her life. They will also make use of expert witness testimony to prove the doctor's lapse of duty of care.

They can also demand access to your child's medical records. These are crucial to your case. It is essential to request these immediately if you suspect that there is a birth injury as they are frequently lost or lost. Or, they are destroyed. An attorney can assist you obtain these documents as fast as is possible.

Damages for economic loss

A birth injury can result in a number of costs that may not be apparent immediately. These include medical bills that have already been paid, as well as the anticipated costs for future therapy such as in-home or institutional treatment as well as adaptive equipment, medication and transportation to and from therapist and doctor's appointments.

A severe disability can limit an individual's ability to earn an income that is sufficient. This could also affect the family's finances. Parents might be forced to take a break from their work or stop working altogether to care for a disabled child. This could result in lost earnings.

Parents who file a claim for birth injuries should keep track on these expenses and losses to determine the maximum award they could receive. If a jury or court decides to award damages, they take into consideration a victim's long-term needs. The more accurate the estimate of the future medical expenses and losses, the higher the amount of award will be. Non-economic damages can be difficult to quantify but they can be awarded as well. They include emotional distress, suffering, loss in quality of life and loss of consortium.