How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries in the course of birth injury lawsuits. In general, the amount the amount you receive will be contingent on a few variables.

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

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of the injuries your child sustains. Broken bones, for example, may require surgery and long-term therapy. Similarly, nerve damage caused by pressure applied manually or rough handling during the delivery could cause chronic discomfort and limitations. Your lawyer will review the needs of your child and estimate the costs for treatment over a lifetime to ensure you get the right amount of compensation.

You must demonstrate that a healthcare professional owed the duty to you, and that they did not fulfill that obligation, and that the breach led to the injury of your child. It is generally necessary to have medical experts examine the case and offer their opinions from their previous experience.

Based on the circumstances, birth you may be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, his assistants and the hospital in the birthing room. Your legal team will write letters to each of these parties, advising them that a claim for medical malpractice has been filed and that they have an opportunity to settle the issue prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit can result in compensation for emotional and physical harms sustained by the child. The amount of damages a family receives is determined by the severity of the injury and its impact on the child's life.

Parents must demonstrate that the medical professional or the facility was not in compliance with the standard of care to prevail in an award. This means that the doctor or hospital did not act with ability or judgement in a situation where their actions or inaction led to a medical injury. Medical experts are often consulted by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases settle, rather than go to trial. Trials can be risky, expensive and time-consuming. Settlements enable families to receive financial assistance sooner and in a less tense way. Settlements ensure that future needs of children are met. This could include the cost of a disability van as well as home modifications and special equipment as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages could be the most severe judgment that a jury can award. These damages are often granted to punish the perpetrator and deter others from making similar mistakes. These awards are intended to make the victims believe that their cases were taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. They may also make a claim for punitive damages if they are appropriate. Punitive damages may be awarded based on the defendant’s conduct or a finding of moral immorality. They usually amount to four times the other damages awarded.

A lawyer can help you win a significant award to cover medical expenses for your child and other financial losses. They can also file a suit to recover emotional trauma, as well as other non-financial damages. Some states place caps on the amount of compensation a victim can receive. Virginia, for instance, limits damages up to the cost of treatment up to the victim reaches their 10th birthday. Other states also have caps on pain and suffering and other damages.

Damages for noneconomic damages

In many cases, the injuries sustained by a child require lifetime treatment. This includes medical care as well as therapies and other costs. This could include the possibility of losing future earnings if the injury interferes with the child's capacity to work and earn money. This is known as loss consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, including non-economic damages. They will collaborate with experts to develop an argument that shows how severely your child was harmed and the impact it had on their life. They will also use expert witness testimony to prove the doctor's violation of duty of care.

They can request access to your child's medical records. These are essential to your case. They are important to get as soon as you can in the event of a birth trauma. They could be lost, lost or destroyed. An attorney can assist you get these documents as swiftly as you can.

Damages for economic damage

A birth injury could result in a myriad of expenses that aren't immediately evident. These include medical charges that have already been paid as well as the projected expenses for therapy in the future including in-home or institution-based care medications, adaptive equipment and travel to and away from therapist and doctor's appointments.

A serious disability may also limit the ability of an person to earn a living. This could have a ripple affect on the financial situation of families. Parents might have to give up their jobs or stop working altogether to take care of a disabled child. This can lead to lost wages.

Parents who are filing a claim for birth injury should keep track on these costs and losses in order to determine the amount they may receive. When a court or jury gives damages, they take into consideration the needs of the victim for the rest of their life. The more accurate the estimate of future medical expenses and losses, the greater the amount awarded will be. Non-economic damages can also be granted, even though they are harder to quantify. They include emotional distress, suffering loss of quality of life and loss of consortium.