Birth Injury Compensation

It can be a devastating experience if your child suffers a birth injury attorneys injury as a result of the negligence of a doctor. These injuries often require lifetime treatment and care, leaving you with massive financial burdens.

Many birth injury cases also require a lengthy debate on medical malpractice versus medical errors. Our lawyers can help to understand the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges look at the severity of the birth injury and the impact it has on the child's development when determining the amount compensation to be awarded. For instance in the event that a child requires an ongoing medical procedure which will raise the value of the claim.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families pay for birth injury lawsuit these expenses. Lawyers often work with experts to put together an "Life Care Plan," which estimates the lifelong expenses incurred by a child's accident. These costs include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will gather medical documents from the pregnancy and birth injury lawsuit birth of your child, as well as personal accounts from relatives. These documents will be used to show that your child was injured as a result of medical malpractice, and to show the extent of the injury.

Many states have enacted medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds may either take a portion from malpractice insurance premiums or require doctors and hospital to contribute to the resource pool. In addition to providing financial support, these programs can also decrease the necessity for families to bring a lawsuit. JLARC staff discovered that these programs didn't always meet their objectives and could be improved.

Life Care Planning

Children with disorders such as hypoxic or cerebral palsy will require medical treatment for the rest of their lives. These needs include physical therapy, special equipment and home health care. Often, these costs can be quite significant.

A life-care planning document is a document which outlines the future medical, education home, and other costs a child with disabilities will have to pay for throughout his or her life. These plans are commonly utilized to calculate the economic portion of damages awarded in a birth injury lawsuit. They must be comprehensive and carefully drafted to meet the strict requirements of evidence for legal admissibility in the court.

Life-care planners can assist to develop these documents based on the input and opinions of the child's doctor or therapists as well as caregivers. The plans include a detailed account of the injury and its diagnosis. They describe the underlying reason for the disability and its long-term consequences.

A medical malpractice lawyer should work with a life care planner to come up with the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of their future care and expenses. The money awarded is typically put into a special needs trust managed by an approved administrator. Typically the amount given will be adjusted regularly to meet any changes in your child's needs.

Pain and Suffering

In a birth injury lawsuit the damages awarded are for the plaintiff's past and future pain and suffering. This includes mental and physical stress caused by the injury and also an inability to participate in the activities that are normally enjoyed by others.

You may also recover income if an injury restricts their career options or stops them from working at all. Families can also receive compensation to care for an injured child.

The verdicts in medical malpractice cases are typically extremely high because juries tend to be sensitive to the patients and hold doctors accountable for their actions. Many doctors and hospitals opt to settle rather than risk a trial that is expensive and stressful for everyone involved.

Both sides will collect evidence to support their arguments in the course of litigation. They will exchange documents in the course of discovery, which involves deposing witnesses to get statements under swearing. The defendants may also ask to examine the medical records of a plaintiff and are legal in many states.

A successful birth injury lawsuit requires an experienced lawyer in these kinds of cases. A seasoned attorney will analyze the details of your case, determine if the case meets the legal requirements and seek out the most favorable settlement for your financial needs.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages, which are designed to convey a message and deter future negligent behavior. They are awarded in cases involving particularly grave negligence or when there was willful misconduct on the part the medical professional. However, they are extremely rare in birth injury cases.

Once the attorney has identified the appropriate defendants, they must collect and analyze evidence to back up their claims. They must show that the injuries caused by medical professionals were not up to a high standard of medical care. The legal team also has to show evidence of the losses that are associated with the injuries, referred to as "damages." These damages can be either economic or non-economic.

Economic losses are usually calculated by estimating the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They could also consider loss of earnings in the event that the injury caused one or both parents to leave their jobs.

The legal team will draft the demand package which they will give to malpractice insurance companies. This document will describe the birth injuries, and their impact on the child as well as the family, and request compensation for the loss. The lawyers will negotiate with the medical providers until a settlement is reached. During the discovery process, lawyers will exchange information with the other party regarding their case. This includes depositions of witnesses who take oath testimony.