Birth Injury Compensation

If your child is suffering from a birth injury as a result of negligence by a doctor or other wrongful decision, it could be devastating. These injuries can require lifelong treatment and care. The family will be left with massive financial burdens.

In addition, many birth injury cases have a complex debate about medical malpractice versus medical errors. Our lawyers can clarify the distinctions.

Costs of Treatment

In determining the amount to pay for a birth injury claim injury lawyers from insurance companies and judges consider the extent of the injury and the impact it has on the child's life quality. If a child needs extensive medical treatment that continues over time the value of the claim will rise.

Medical treatment for birth injury litigation injuries can be extremely expensive. Compensation for birth injuries could assist families with these costs. Lawyers and experts often work together to create an "Life Care Plan" that calculates the costs of a child's injuries over a lifetime. These expenses include hospitalization, surgeries, specialized medical treatments prescriptions, home improvement and equipment, etc.

Your legal team will gather medical records from the pregnancy and birth of your child, along with personal accounts from relatives. These records will be used to prove that your child sustained an injury due to medical negligence and to demonstrate the extent of the harm caused.

Many states have established medical indemnity funds, which provide financial aid to families with children who have suffered birth injuries. These funds pay a portion of the malpractice insurance premiums or require hospitals and doctors to contribute to a pool of resources. In addition to providing monetary assistance, these programs may also reduce the requirement for families to file a lawsuit. However, JLARC staff found that these programs do not always meet their objectives and should be improved.

Life Care Planning

Children with disorders such as hypoxic or cerebral palsy will need medical care throughout their lives. This includes physical therapy, special equipment and home health care. In many cases, these expenses can be substantial.

A life-care planning plan is an important document that outlines the future medical, education home, and other expenses that a child with disabilities is likely to have to pay for throughout his or her life. These plans are used to calculate the economic portion of a settlement in the case of birth injury. These plans must be thorough and Birth Injury Compensation carefully written in order to satisfy the strict requirements of admissibility.

Life-care planners can assist to create these documents in accordance with information and formal opinions from the child's doctors or therapists as well as caregivers. The plans provide a detailed narrative about the initial injury and the diagnosis. They explain the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice lawyer should collaborate with a health care planner to create the most suitable plan for their client's situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover the cost of all of his or her future expenses and medical care. The money awarded is typically put into a special needs trust managed by an approved administrator. Typically the amount allotted will be re-adjusted periodically to meet the changing needs of your child's needs.

Pain and Suffering

In a birth injury lawsuit damages are awarded to cover the plaintiff's past and future suffering and pain. This includes the physical and mental suffering caused by the injury as and the inability to take part in activities that other people could be able to do.

It is also possible to recuperate for the loss of income when the victim's condition limits their options for employment or stops them from working. Families could also be compensated for the care of an injured child.

The verdicts in medical malpractice cases are usually very high as juries are often sympathetic towards victims and hold doctors accountable for their mistakes. Due to this, some hospitals and doctors prefer to settle instead of risking an appeal, which can be expensive and stressful for the parties involved.

Both sides will gather evidence to support their arguments in the course of litigation. They will share documents in the process of discovery, which entails deposing witness to get statements under oath. In most states, defendants can also ask to see the plaintiff's records.

A successful birth injury claim requires a skilled lawyer in these types of cases. A knowledgeable attorney will examine your case to determine whether you are entitled to a lawsuit and will work to get the best settlement.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damage awards which are intended to serve as a warning, and also to discourage future negligence. The award of these damages is made when there is a high degree of malice or negligence on the part the doctor. However, they are not common in cases of birth injury lawsuit injuries.

Once the attorney has identified the appropriate defendants, they need to find and analyze evidence to support their assertions. They must show that the injuries sustained by medical professionals were not at the standard of care. The legal team should also prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs including long-term treatment facilities and other services. It is also possible to include loss of earnings if the injury has caused one or both parents to quit their jobs.

The legal team will then create a demand form to present to the malpractice insurance companies. This document will detail the birth injuries, and their impact on the child and the family, and request compensation for the loss. The attorneys will negotiate until a settlement has been reached with the medical professionals. During the discovery process, attorneys will share information with the other party about their case. This includes taking depositions of witnesses who swear to testify under oath.