How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries at birth, you could be entitled to compensation. The amount of compensation you receive depends on several factors.

The process of bringing a lawsuit begins with your attorney filing an action against the defendants. Both sides will then engage in discovery, where they will exchange evidence and information such as medical records.

Medical expenses

Medical costs for birth injuries can be very different dependent on the severity of the injury. For instance, broken bones may require surgery for repair and can result in ongoing physical therapy costs. In the same way, nerve damage triggered by pressure from a manual or rough handling during delivery can cause long-term discomfort and even limitations. Your lawyer will assess your child's medical requirements and estimate the lifetime treatment costs to seek enough compensation to cover them.

You will have to show that the healthcare professional was owed a duty, that they violated this duty and that their lapse resulted in your child's injuries. It is common for medical experts to look over the case and offer an opinion based on their experiences.

Depending on the circumstances, you could be able mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor that delivered your baby, his assistants, and the hospital which the birth occurred. Your legal team will send letters to all of these parties advising them that a medical negligence claim has been filed and that they have an opportunity to settle the matter prior to filing a lawsuit.

Suffering and pain

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

In order to win a case, parents must prove that a medical professional or facility failed to perform their duties in accordance with the standards of care. This means that a physician or hospital's actions or inactions led to injuries to patients. Both sides frequently employ medical experts to help define the acceptable standards. Specialists, such as obstetricians, are held to higher standards.

Most birth injury cases are settled rather than going to trial. Trials can be costly, risky and lengthy. Settlements allow families to receive financial compensation much sooner and in a less adversarial process. Settlements ensure that the future needs of a child are addressed. This could include the expense of a wheelchair van home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe award juries could award in an injury case involving birth. These damages are typically given to punish the perpetrator and Vimeo discourage others from doing the same. These awards are designed to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes non-economic damages. They can also make a claim for punitive damages if they are appropriate. Punitive damages are determined by the defendant's conduct and the finding of moral wrongdoing. They typically are four times the other damages awarded.

A lawyer can help get you a significant award to help cover medical costs for your child and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Certain states set limits on the amount of compensation a victim can receive. Virginia for instance, sets the amount of damages to be equal to the cost of healthcare up to the tenth birthday of a victim. Other states have caps on suffering and pain as well as other damages.

Damages for non-economic damages

In many cases, injuries suffered by children will require ongoing care. This includes medical treatment, therapies, and any other costs. This can include future lost wages if the injury interferes with the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist you in calculating the total expense of your child's injury, including non-economic damages. They will work with experts to construct a case to show how severely your child was harmed and the effects on their life. They will also use experts' testimony to prove that the doctor violated their duty of care.

They could also request access to the medical records of your child. They are essential to your case. These documents are important to request as quickly as you can if you suspect an injury to your birth. They could be lost, lost or destroyed. Your attorney can assist in obtaining these documents as soon as is possible.

Damages for economic damage

A birth injury can result in a variety of expenses that are not immediately evident. These include medical charges that have already been paid, as well as the anticipated costs for vimeo future therapy including in-home or institution-based care and medication, adaptive equipment and travel to and away from therapist and doctor's appointments.

Furthermore, a disability that is severe can make it difficult for an individual to earn an income that is sufficient. This could have a ripple affect on the financial wellbeing of a family. A parent might have to quit their job or stop all work in order to take care of an ailing child, which can lead to loss of income.

Parents who make a claim for birth injury must keep track of all these costs and losses in order to determine the maximum amount they could be awarded. When a jury or court gives damages, they take into consideration the needs of the victim throughout their life. The higher the amount awarded, the more accurate the estimate is of future medical costs. Non-economic damages are also granted even though they are harder to quantify. These may include emotional suffering, distress as well as loss of quality of life and loss of consortium.