How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you could be entitled to compensation. The amount of compensation you receive is contingent on a variety of variables.

The lawsuit process begins by your attorney submitting a complaint against the defendants. Both sides will engage in discovery, where they will share information and evidence, including medical records.

Medical expenses

Medical expenses associated with a birth injury can vary dramatically based on the severity of the injuries your child sustains. For example, broken bones may require surgery to fix and can lead to the cost of physical therapy for a long time. In the same way nerve damage resulting from physical pressure or rough handling can lead to permanent limitation and pain. Your lawyer will review the medical needs of your child and determine the estimated cost of treatment for the rest of his life. You will then seek enough compensation to cover them.

You will have to prove that a healthcare professional was bound by the duty to you, that they did not fulfill that duty, and that this breach caused injuries to your child. It is common for medical experts to look over the case and offer an opinion based on their experience.

Depending on your situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, the assistants, and the hospital the birthing room. Your legal team will write letters to all of these parties notifying them that a medical malpractice claim has been made and that they have an opportunity to settle the matter prior filing an action.

Suffering and pain

A birth injury lawsuit can result in compensation for emotional and physical injuries sustained by a child. The amount of damage a family receives is determined by the severity of the injury and the impact it has on the child's life.

Parents must prove that the medical professional or facility did not act in accordance with the standards of care to win an award. This means that the doctor or hospital was negligent in their expertise or judgment in a situation where their action or inaction caused injuries to the body. Medical experts are frequently consulted by both sides to define this standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials can be costly, risky and time-consuming. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements also ensure that children's future needs are taken care of. This could include the costs of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards a jury may make in a birth injury case. They are usually given to punish the perpetrator and deter others from committing similar offenses. These awards are also intended to make the victims feel like their cases are taken seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including economic damages. They may also make a claim for punitive damages, as long as they are legal. Punitive damages are awarded based on the defendant’s conduct or a finding of moral immorality. They usually amount to four times the other damages awarded.

A lawyer can help you win you a substantial amount to help pay for medical costs for your child and other financial losses. They may also bring a lawsuit to recover emotional trauma as well as other damages that are not financial. Some states cap the amount of compensation that the victim could receive. Virginia is one example. It caps damages at the cost of care through the tenth birthday celebration of a victim. Other states restrict damages for pain and suffering in addition to other types.

Damages for non-economic damages

In many cases, a child's injuries will cause long-term treatment. This includes medical treatment or therapies, as well as any other expenses. This could include the possibility of losing future wages if the injury interferes with the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, including economic damages as well as. They will collaborate with experts to construct an argument that shows how severely your child was injured and the effects on their life. They also will use expert witness testimony to prove the doctor's violation of duty of care.

They could also request access to the medical records of your child. These are critical to your case. It is crucial to obtain them immediately if you suspect that there is a birth injury since they are often lost or misplaced. They can also be destroyed. Your attorney can help you in obtaining these documents as soon as possible.

Damages for economic damage

A birth injury could result in a myriad of expenses that are not immediately apparent. These expenses include the medical expenses already paid as well as the projected costs of future therapy such as in-home or institutional treatment and medication, adaptive equipment and transportation to and from appointments with therapists and doctors.

Additionally, a severe disability could hinder a person's ability to earn a living wage. This can also impact a family's finances. Parents might be forced to quit their jobs or even stop working completely to take care of disabled children. This could lead to losing income.

Parents who file a birth injury lawyer injury claim should keep track of all expenses and losses to determine their maximum potential award. When a court or jury awards damages, it takes into consideration the needs of the victim throughout their life. The more accurate the estimation of future medical expenses and losses, the more the award amount will be. Non-economic damages are also granted although they are harder to quantify. They include emotional suffering, distress and loss of quality of life and loss of consortium.