How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, you could be entitled to compensation. The amount you receive will depend on a number of factors.

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will engage in discovery, in which they exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses related to birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for example could require surgery as well as long-term therapy. Additionally, nerve damage caused by manual pressure or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will evaluate your child's needs and estimate the cost of treatment over the course of their lives to ensure you get the right amount of compensation.

You will need to demonstrate that the healthcare professional owed you the duty of care, that they did not fulfill their obligation, and that their negligence caused your child's injuries. It is common for medical experts to review the case and provide an opinion based on their experience.

Depending on the situation depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, his assistants, and the hospital which the birth occurred. Your legal team will write to all of them to inform them that a claim for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.

Suffering and pain

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

To prevail parents must prove that a medical professional or facility failed to act according to the standard of care. This means that the physician or hospital acted with a lack of skill or judgement in a situation where their actions or inaction resulted in an injury to a patient. Medical experts are often consulted by both sides to help determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

The majority of cases involving birth injuries settle, vimeo rather than go to trial. Trials can be costly, risky and time-consuming. Settlements offer families financial compensation much sooner and in a less adversarial process. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van as well as home modifications, special equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award a jury may make in a birth injury case. They are usually given to punish the perpetrator and discourage others from engaging in similar crimes. They also aim to make victims feel their case has been taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. They may also pursue a lawsuit seeking punitive damages, when they are appropriate. Punitive damages are determined by the defendant's conduct and the finding of moral imprudence. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help you obtain a substantial award for your child's medical expenses and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation a victim may receive. Virginia, for example, restricts damages to the cost of care through the tenth birthday celebration of a victim. Other states limit damages for Vimeo suffering and pain in addition to other types.

Damages for non-economic damages

In many instances children's injuries cause ongoing treatment. This can include medical treatment therapies, as well as other costs. This can include future lost wages if the injury interferes with the child's capacity to work and earn a living. This is known as loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injuries, which includes non-economic damages. They will collaborate with experts to create a case to show how much your child was injured and the impact it had on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They may also ask for access to your child's medical records. They are crucial to your case. These documents are crucial to obtain as soon as possible if you suspect a birth trauma. They can be lost, stolen or destroyed. Attorneys can assist you in obtaining these documents as soon as possible.

Damages for economic loss

A birth injury could result in a number of costs that might not be immediately apparent. These expenses can include medical bills already incurred, as well as projected costs for therapy to come home care, institutional care, medication, adaptive equipment, and transport to and from therapist and doctor appointments.

A severe disability could hinder a person's ability to earn an income that is sufficient. This could also impact the finances of a family. Parents may have to take a break from their work or even stop working completely to care for a disabled child. This could result in losing earnings.

Parents who seek a birth injury claim must keep track of all costs and losses in order to determine their maximum possible award. If a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The more accurate the estimation of future medical expenses and losses, the greater the amount of award will be. Non-economic damages are difficult to put a price on but they can be also awarded. These can include emotional distress, pain and suffering and loss of quality of life, and loss of consortium.