How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child is injured in the course of birth. In general, the amount of money you receive will depend on a few factors.

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

Medical expenses

Medical expenses associated with a birth injury lawsuits injury can vary dramatically based on the severity 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 birth can cause long-term pain and limitations. Your lawyer will evaluate the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure that you get the right amount of compensation.

You will have to prove that a healthcare professional was bound by a duty to you, and that they violated that duty, and that this breach caused the injuries of your child. It is typically required to have medical experts review the case and provide an opinion from their previous experience.

Based on the circumstances, you could be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took. Your legal team will send letters to all of these parties notifying them that a medical malpractice claim has been filed and that they have the chance to settle the matter prior to filing a lawsuit.

Pain and suffering

A birth injury lawsuit could result in the payment of compensation for emotional and physical injuries suffered by a child. The amount of damages an individual family receives is contingent on the severity of the injury and the impact on a child's life.

To win a claim parents must show that a medical professional or facility was not acting in accordance with the standards of care. This means that the physician or hospital was negligent in their ability or judgement in the event that their action or inaction caused a medical injury. Both sides typically employ medical experts to help define the acceptable standards. Obstetricians and specialists are held to higher standards than generalist doctors.

The majority of birth injury cases are settled prior to going to trial. Trials can be costly, risky and lengthy. Settlements allow families to receive financial compensation sooner and in a less adversarial process. Settlements also ensure that a child's future needs are met. This could include the cost of a wheelchair van, home modifications, specialized equipment, and regular medical treatment.

Punitive damages

In the case of birth injury, punitive damages may be the most severe verdict that a jury can award. They are usually awarded to punish the offender and deter others from committing similar crimes. These awards are designed to convince victims that their case was considered seriously.

A New York City personal injury lawyer can help you assess the worth of your claim, including non-economic damages. If they are deemed appropriate, they can also file a suit for punitive damages. Punitive damages are based on the conduct of the defendant and an indictment of moral turpitude. They typically amount to four times more than other damages awarded.

A lawyer can win you a significant sum to help cover medical costs for your child and other financial losses. They may also file a suit for emotional trauma as well as other damages not related to financial. Certain states limit the amount of compensation that a victim may receive. Virginia, for instance, caps damages at the cost of treatment, up to the victim's tenth birthday. Other states have limits on pain and suffering, as well as other types of damages.

Damages for non-economic damages

In many instances, the injuries suffered by children will require lifetime treatment. This can include medical treatment, therapies, and other expenses. It could also cover future lost earnings in the event that the injury can hinder the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injuries, which includes economic damages as well as. They will work with experts witnesses to create a compelling case to prove the severity of your child's injuries and their impact on their life. They will also use experts to prove that the doctor violated their duty of care.

They could also ask for access to your child’s medical records. These are critical to your case. They are important to obtain as soon as you can in the event of an injury to your birth. They can be lost, misplaced, or destroyed. Your attorney can help you obtain these documents as fast as is possible.

Damages for economic loss

A birth injury can result in a myriad of expenses that aren't immediately apparent. These expenses include medical expenses already paid, as well as the anticipated costs for future therapy and care at home or in a hospital medications, adaptive equipment as well as travel to and from therapist or doctor's appointments.

A severe disability can make it difficult for an individual to earn a living wage. This can also have a ripple effect on the family's finances. A parent may have to quit their job or give up work entirely in order to care for an ailing child, which can lead to the loss of wages.

Parents who file a birth injury claim should keep track of all these costs and losses in order to determine the amount they can be awarded. When a court or Birth Injury Lawsuit jury gives damages, they will take into account a victim's lifelong requirements. The more accurate the estimation of future medical expenses and losses, higher the award amount will be. Non-economic damages are harder to put a price on, but they can be awarded as well. These may include emotional suffering, distress as well as loss of quality of life, and loss of consortium.