How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries at birth. Generally, the amount of the amount you receive will be contingent on a variety of factors.

The process of bringing a lawsuit begins with your attorney filing an complaint against the defendants. Both sides will engage in discovery, during which they exchange information and evidence, which could include medical records.

Medical expenses

The medical costs associated with birth injuries can be very different dependent on the severity of the injury. For example, broken bones may require surgery for repair and can lead to long-term physical therapy costs. Similar to that nerve damage resulting from the pressure of a hand or rough handling can lead to permanent discomfort and limitations. Your lawyer will assess your child's medical requirements and determine estimated lifetime costs of treatment to ensure sufficient compensation to cover these.

You will need to prove that a healthcare professional was bound by a duty to you, and that they breached their obligation, and that the breach caused injuries to your child. This usually requires medical experts to review the case and give an opinion based on their experiences.

Based on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took place. Your legal team will write letters to each of these parties notifying them that a medical negligence claim has been filed and that they are given the chance to settle the matter before filing a lawsuit.

Pain and suffering

A birth injury lawsuit can result in a compensation claim for physical and emotional injuries sustained by a child. The amount of compensation an individual family receives is contingent on the severity of the injury and the impact on a child's life.

Parents must prove that the medical professional or facility did not behave in accordance with the standards of care in order to win a claim. This means that the physician or hospital was negligent in their competence or judgment in a situation where their actions or inaction resulted in the victim to suffer a medical injury. Medical experts are often engaged on both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist doctors.

The majority of birth injury cases are settled instead of going to trial. Trials are costly, time-consuming and costly. Settlements offer families the financial benefits much faster and in a less threatening process. Settlements ensure that future needs of a child are met. This could include the cost of a disability van and home modifications, as well as specialized equipment as well as ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages could be the most severe judgment that a judge can award. These damages are typically granted to punish the perpetrator and deter others from engaging in similar crimes. The purpose of these awards is to make the victims feel like their case has been taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. They can also pursue a lawsuit seeking punitive damages, as long as they are legal. Punitive damages may be given based on the defendant's actions or a determination of moral immorality. They are usually four times more than other damages given.

A lawyer can help you obtain a substantial award for medical expenses of your child and other financial losses. They can also file lawsuits for emotional trauma as well as other non-financial losses. Certain states have caps on the amount of compensation a victim may receive. Virginia is one example. It sets the amount of damages to be equal to the cost of healthcare up to the victim's tenth birthday. The other states have limitations on pain and suffering and other damages.

Damages for non-economic damages

In many cases, a child's injuries will cause long-term care. This includes medical care, therapies, and any other expenses. It may also include lost earnings if the injury is affecting the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist in calculating the cost of your child's injuries including non-economic damages. They will work with expert witnesses to build a solid case to prove the severity of your child's injuries and their impact on their life. They will also use expert witnesses to prove that the doctor's breach of duty of care.

They can also demand access to your child’s medical records. These are crucial to your case. It is essential to request them when you suspect a birth injury since they are often lost, misplaced, or destroyed. Your attorney can assist you to obtain these documents as fast as possible.

Damages for economic damages

A birth injury attorneys injury can cause a range of expenses that aren't immediately evident. These expenses include the medical bills that have already been paid as well as the projected costs of therapy to come and care at home or in a hospital medications, adaptive equipment and travel to and from doctor's and therapist's appointments.

A severe disability can also limit the ability of an individual to earn a decent living. This could also affect a family's finances. Parents may need to quit their job or quit their job completely to care for a child with disabilities, leading to loss of income.

Parents who make a claim for birth injury should keep track of all these expenses and losses to determine their maximum potential award. When a jury or court decides to award damages, it takes into account the victim's needs for the rest of their life. The more precise the estimation of the future medical expenses and losses, the greater the amount awarded will be. Non-economic damages are more difficult to put a price on however they can be granted as well. They can include emotional suffering, distress and loss of quality of life and loss of consortium.