How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries during birth, you may be entitled to compensation. In general, the amount of the amount you receive will be contingent on a number of factors.

The lawsuit process starts by your attorney submitting an complaint against the defendants. Both sides will engage in discovery, in which they exchange information and evidence including medical records.

Medical expenses

Medical costs associated with birth injuries can differ in a significant way based on the nature of your child's injuries. Broken bones, for instance might require surgery or long-term therapy. Additionally, nerve damage caused by pressure applied manually or rough handling during the delivery can result in permanent discomfort and limitations. Your lawyer will assess your child's medical requirements and determine estimated cost of treatment for the rest of his life. You will then seek sufficient compensation to cover these.

You will need to demonstrate that a healthcare professional was bound by an obligation to you, and that they violated that obligation, and that the breach led to injuries to your child. This typically requires medical experts to analyze the case and provide an opinion based on their own experience.

Depending on the circumstances you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth occurred. Your legal team will write to each of these individuals to inform them that a claim for medical malpractice has been filed. They can settle the matter without having to file an action.

Pain and suffering

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

Parents must prove that the medical professional or facility did not act in accordance with the standard of care to win a claim. This means that the physician or hospital failed to act with ability or judgement in an instance in which their actions or inaction led to an injury to a patient. Medical experts are frequently consulted by both sides to help define this standard. Specialists, such as obstetricians, are held to higher standards.

Most cases involving birth injuries settle, rather than go to trial. Trials are expensive, time-consuming and costly. Settlements provide families with financial compensation earlier and lawsuits in a less threatening process. Settlements also ensure that children's future requirements are satisfied. This may include the costs of a disability van, home modifications and specialized equipment and ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages may be the most severe decision that a judge can award. These damages are usually given to deter the perpetrator and discourage others from engaging in similar crimes. The purpose of these awards is to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. If necessary, they may also file a suit for punitive damage. Punitive damages may be awarded based on the defendant’s actions or a determination of moral immorality. They typically are four times the amount of other damages awarded.

A lawyer can win you a significant amount of money to help cover medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma as well as other losses that are not financial. Some states cap the amount of compensation the victim could receive. Virginia for instance, restricts damages to the cost of treatment up to the victim reaches their tenth birthday. Other states limit damages for pain and suffering in addition to other types.

Damages for non-economic damages

In a majority of cases the injuries of a child will cause lifetime treatment. This includes medical treatment or therapies, as well as any other costs. It may also include lost earnings in the event that the injury is affecting the child's ability to work and make money. This is referred to as loss of consortium.

Your lawyer will help you in calculating the total cost of your child's injuries, which includes non-economic damages. They will work with experts to develop an argument to demonstrate the extent to which your child was harmed and the impact on their life. They also will use expert witness testimony to prove the doctor's violation of duty of care.

They may also ask for access to the medical records of your child. These are vital to your case. These documents are important to get as soon as you can in the event of the possibility of a audubon birth injury law firm trauma. They could be lost, lost or destroyed. Attorneys can assist you in obtaining these documents as fast as possible.

Damages for economic loss

A birth injury could result in a variety of expenses that are not immediately obvious. These include medical expenses already paid as well as the projected expenses for therapy in the future, in-home or institutional care, medication, adaptive equipment and travel to and from therapist or doctor's appointments.

Additionally, a severe disability can limit an individual's ability to earn an income that is sufficient. This could also cause a ripple effect on the financial situation of a family. A parent might have to quit their job, or even quit all work to care for a disabled child, leading to a loss of wages.

Parents who are pursuing a claim for birth injuries should keep track of all these costs and losses in order to determine their maximum potential award. When a jury or a court decides to award damages, they take into consideration the victim's lifetime requirements. The more accurate the estimation of future medical costs and losses, the greater the amount awarded will be. Non-economic damages are also awarded even though they are more difficult to quantify. These include emotional distress, suffering and loss of quality of life, and loss of consortium.