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 money you get will be contingent on a number of factors.

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

Medical expenses

Medical costs associated with birth injury lawsuits injuries can vary greatly depending on the nature of the injuries your child sustains. For example, broken bones may require surgery to repair and can result in the cost of physical therapy for a long time. In the same way nerve damage caused by harsh handling or pressure from a manual instrument can cause permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the cost of treatment over a lifetime to ensure you are compensated in a sufficient amount.

You will have to prove that a healthcare professional was bound by a duty to you, and that they violated that obligation, and that the breach caused the injuries of your child. It is usually necessary to have medical experts review the situation and provide an opinion basing on their previous experiences.

Depending on the circumstances, you might 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 took. Your legal team will write to each of them to inform them that a claim for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Suffering and pain

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

To prevail, parents must prove that an medical professional or institution was not acting in accordance with the standard of care. This means that the doctor or hospital was negligent in their competence or judgment in a situation in which their action or inaction caused injuries to the body. Medical experts are often involved by both sides to help determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are risky, time consuming and expensive. Settlements enable families to receive financial compensation earlier and in a more amiable manner. Settlements will ensure that the needs of the future of a child are taken care of. This could include the cost of a wheelchair van home modifications, specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are among the most severe award juries can award in cases involving birth injuries. They are often awarded to punish the wrongdoer and discourage others from committing similar crimes. These awards are also designed to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damage. Punitive damages may be awarded based on the defendant’s actions or a determination of moral immorality. They are usually four-times the amount of other damages awarded.

A lawyer can assist you to get a substantial amount of money for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states limit the amount of compensation victims can receive. Virginia is one of them. It caps damages at the cost of treatment to the victim reaches their 10th birthday. The other states have limitations on pain and suffering as well as other types of damages.

Damages for non-economic damages

In many cases, injuries of a child require ongoing treatment. This includes medical care as well as therapies and other costs. It may also include loss of earnings if the injury is affecting the child's ability to work and make money. This is known as loss of consortium.

Your lawyer will help you calculate the total amount of the injuries your child sustained as well as non-economic damage. They will collaborate with experts to develop an argument that shows how much your child was injured and the impact it had on their life. They will also rely on experts' testimony to prove that the doctor violated their duty of care.

They could also request access to your child's medical records. These are essential to your case. These documents are important to request as soon as possible if you suspect the possibility of a birth injury lawyer trauma. They can be lost, lost or destroyed. Your attorney can help you in obtaining these documents as soon as is possible.

Damages for economic damage

A birth injury could cause a range of expenses that are not immediately evident. These include medical expenses that have already been paid, and also projected costs for therapy in the future and in-home medical treatment, medications, adaptable equipment, as well as travel to and from doctor and therapist appointments.

A serious disability may also limit the ability of an individual to earn a living. This can also cause a ripple effect on the financial health of families. Parents might have to take a break from their work or cease working altogether to care for the child with disabilities. This could result in losing wages.

Parents who are pursuing a claim for birth injuries should keep track of all these costs and losses in order to determine their maximum possible award. When a judge or jury gives damages, they take into account the victim's needs for the rest of their life. The more money awarded is, the more accurate the estimate of the future medical expenses. In addition, non-economic damages can be awarded although they are more difficult to quantify. These include emotional suffering, distress loss of quality of life and loss of consortium.