Birth Injury Compensation

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

Additionally, a lot of birth injury cases have a complicated argument about medical malpractice versus medical errors. Our attorneys can explain the distinctions.

Costs of Treatment

When determining how much to award for a birth injury lawyers from insurance companies and judges look at the severity of the injury and its impact on the child's quality of life. If a child needs intensive medical treatment that continues throughout the course of time the value of the claim will increase.

Medical treatment for birth injury can be expensive. The compensation awarded for a birth injury can help families cover these expenses. Lawyers often collaborate with experts to put together a "Life Care Plan," which calculates the life-time expenses incurred by a child's accident. These include hospitalization and surgical procedures, as well as specialized medical treatment prescriptions, home improvements and equipment, and more.

Your legal team will gather medical records from the pregnancy and birth of your child, as well personal accounts from relatives. These will be used to show that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have enacted medical indemnity funds to provide financial assistance to families of children suffering from birth injury lawyer injuries. These funds can either collect a portion from malpractice insurance premiums or require hospitals and doctors to contribute to the resource pool. These programs can help families with financial assistance and decrease the necessity of filing a lawsuit. JLARC staff discovered that these programs didn't always meet their objectives and should be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy are likely to have ongoing medical requirements. This includes physical therapy, specialized equipment and home health care. These expenses can be substantial.

A life-care planning document is an important document that outlines the future medical, educational home, and other expenses children with disabilities will have to pay for throughout his or her life. These plans are often used to calculate the economic portion of the damages awarded in a birth injury lawsuit. They should be comprehensive and carefully designed to meet the strict requirements of evidentiary for the admissibility of the plan in the court.

Experts in life-care planning may help develop these documents using their input and the formal opinions of a child with disabilities' doctors, therapists, and caregivers. The plans contain a thorough narrative about the initial injury and its diagnosis. They also explain the root cause of the disability and their long-term consequences.

A medical malpractice lawyer must work with a life planner to come up with the most suitable plan for their client's situation. The plan's goal is to ensure that your child receives enough compensation to cover all of their future costs and expenses. The money is typically put in a trust to cover special requirements, which is managed by an authorized administrator. The amount of money given is typically adjusted every few months to reflect the changing needs of your child.

Suffering and Pain

In a birth injury lawsuit, damages are awarded for the plaintiff's past as well as future suffering and pain. This includes the physical and mental discomfort caused by the injury as well as the inability to participate in activities that others could be able to do.

You can also recover lost income if a victim's injury hinders their professional options or stops them from working at all. Families could also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases are often extremely high, since juries are often sensitive to the victims and hold doctors responsible for their mistakes. This is why many hospitals and doctors prefer to settle instead of undergoing the trial process, which is expensive and stressful for the parties involved.

Both sides will gather evidence to support their arguments during the litigation. They will exchange documents during the process of discovery, which includes deposing witnesses to obtain statements under an oath. In many states, defendants may also request access to the plaintiff's records.

A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. An experienced attorney will go over the details of your case, determine if it satisfies the specifications for a lawsuit and make sure you get the best financial settlement you can get.

Punitive Damages

Certain medical malpractice lawsuits also contain punitive damages awards, which are meant as a warning and to discourage future negligence. They may be awarded in cases that involve grave negligence or when there was intentional misconduct on the part the medical professional. They are very rare in cases of birth injury.

After the attorney identifies the appropriate defendants, they must examine and gather evidence to support their claims. They must show that the injuries caused by medical professionals did not comply with the standard of care. The legal team must also be able to prove the financial losses resulting from these injuries, known as "damages." The information can be economic or non-economic in nature.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing treatment, which may include long-term care facilities as well as other services. It is also possible to include the loss of earnings if the injury caused one or both parents to quit their jobs.

The legal team will draft the demand package which they will give to malpractice insurance providers. The document will outline the birth injury, its effects on the child's and family and request compensation to cover the costs of these loss. The lawyers will negotiate with the medical providers until they reach a settlement. In this process, lawyers will share information about their cases with the other side by way of discovery, which may include depositions of witnesses who take testimony under the oath.