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How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries at birth, you could be entitled to compensation. Generally speaking, the amount money you receive will depend on a few factors.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will participate in discovery, where they will share information and evidence, including medical records.

Medical expenses

Medical expenses associated with birth injuries can vary depending on the severity of the injury. Broken bones, for example, may require surgery and long-term therapy. Similar to that, nerve damage from manual pressure or rough handling could cause long-term limitation and pain. Your lawyer will analyze your child's medical needs and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover these.

You will need to demonstrate that the healthcare professional was owed a duty, that they did not fulfill their obligation, and that their negligence caused the injury to your child. It is typically required to have medical experts examine the case and offer their opinions in light of their experiences.

Depending on the circumstances, you may be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth injury law firm took place. Your legal team will contact each of them to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit could result in a compensation claim for emotional and physical injuries suffered by a child. The amount of damages families receive is determined by the severity of the injuries as well as the impact on a child's life.

To be able to claim compensation parents must show that a medical professional or a facility was not acting in accordance with the standard of care. It is a way of saying that a physician or hospital's actions or inactions led to an injury to a patient. Medical experts are often involved by both sides to define this standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be costly, risky and time-consuming. Settlements provide families with financial compensation sooner and in a less threatening process. Settlements also ensure that children's future needs are met. This can include the cost of a disability van or home modifications, as well as specialized equipment as well as ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards juries can award in cases involving birth injuries. They are usually given to punish the perpetrator and discourage others from engaging in similar offenses. The aim of these awards is to convince victims that their case was considered seriously.

A New York City personal injury lawyer can help you determine the value of your claim including non-economic damages. They can also bring a lawsuit for punitive damages, when they are appropriate. Punitive damages can be granted based on the defendant's behavior or a finding of moral immorality. They usually amount to four times the amount of other damages granted.

A lawyer can help you receive a substantial settlement for your child's medical expenses and other financial losses. They can also bring a lawsuit to recover emotional trauma, as well as other damages that are not financial. Certain states limit the amount of compensation that the victim could receive. Virginia, for instance, limits damages up to the cost of treatment, up to the victim reaches their 10th birthday. The other states have caps on pain and suffering and other types of damages.

Damages for non-economic damages

In many cases the injuries of a child will cause lifetime care. This includes medical treatment as well as therapies and other expenses. It could also include future lost earnings if the accident is affecting the child's ability to work and make money. This is known as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injuries which includes non-economic damages. They will work with experts witnesses to construct a convincing argument to demonstrate the severity of your child's injuries as well as their impact on their life. They also will use expert witness testimony to prove the doctor's breach of duty of care.

They can also request access to your child’s medical records. These are vital to your case. They are important to request as quickly as you can if you suspect a birth trauma. They can be lost, stolen or destroyed. Your attorney can help you in obtaining these documents as soon as is possible.

Damages for economic damage

A birth injury can cause a number of expenses that might not be obvious at first. These costs include medical bills already incurred, and also projected costs for future therapy such as in-home care, institutional care, medication, adaptive equipment, and transport to and from therapist and doctor appointments.

Furthermore, a disability that is severe could hinder a person's ability to earn an income that is sufficient. This can also have a ripple effect on the family's finances. Parents might need to quit their job or quit their job completely to care for a disabled child, leading to lost wages.

Parents who seek a birth injury claim should keep track of all these expenses and losses to determine the maximum amount they could be awarded. If a jury or court decides to award damages, they take into account a victim's lifelong needs. The higher the amount awarded is, the more precise the estimation of the future medical expenses. Non-economic damages are difficult to quantify however they can be awarded as well. These include emotional suffering, distress, loss of quality of life, and loss of consortium.