Birth Injury Compensation

If your child suffers a birth injury resulting from negligence by a doctor or other wrongful act, it can be devastating. These injuries may require lifetime treatment and care. You'll be faced with a huge financial burden.

Many birth injury cases also involve a complex debate over medical errors versus malpractice. Our lawyers can help you learn the distinctions.

Costs of Treatment

In determining the amount to decide on a settlement for a birth trauma, insurance companies attorneys and judges look at the degree of the injury as well as its impact on the child's life quality. For instance, if a child requires continuous medical treatment which will raise the value of an claim.

Medical treatment for Valley Birth Injury Lawsuit injury can be very expensive. The compensation awarded for a birth injury will help families pay for the costs. Lawyers and experts often collaborate to create an "Life Care Plan" that estimates the costs of a child’s injury over the course of a lifetime. These include hospitalization expenses or surgical intervention, medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, in addition to firsthand accounts from relatives. These will be used to prove that your child sustained an injury due to negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have medical indemnity funds that provide financial assistance to families of children who have suffered birth injuries. These funds may either take part of malpractice insurance premiums or require hospitals and doctors to contribute to a resource pool. These programs can provide families with financial support and help reduce the necessity of filing a lawsuit. JLARC staff discovered that these programs didn't always meet their goals, and need to be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have long-term medical needs. These needs include physical therapy, special equipment, and home health. These costs can be quite substantial.

A life-care plan is a legal document that defines the future medical education, home-based, and other expenses that disabled children are expected to pay for the rest of his or his or her life. These plans are used to calculate the economic portion awarded in a case of birth injury. These plans must be comprehensive and carefully drafted in order to meet the strict requirements of admissibility.

Experts in life-care planning may assist in the creation of these documents by utilizing the their input and the formal opinions of disabled children's doctors, therapists, and caregivers. The plans contain a thorough description of the initial injury and its diagnosis. They provide the cause of the disability and its long-term effects.

A medical malpractice attorney must collaborate with a planner for life to come up with the best plan for their client's specific situation. The plan's purpose is to ensure that your child receives sufficient compensation to cover their future costs and expenses. The money is usually placed into a special needs trust which is administered by an approved administrator. The amount of money given is usually adjusted periodically to reflect changes in the future needs of your child.

Suffering and Pain

In a glendale birth injury lawyer injury case the damages awarded are 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 engage in activities that others are able to perform.

It is also possible to recover the loss of income if the disability of a victim limits their career options or prohibits them from working in any way. Families can also be compensated if they are required to assist in the care of an injured child.

The verdicts for medical malpractice cases are usually very high, as juries tend to be sensitive to the patients and hold doctors accountable for their errors. Because of this, many hospitals and doctors prefer to settle instead of taking on the possibility of a trial, which is costly and stressful for the parties involved.

Both sides will collect evidence to support their arguments in the course of trial. They will exchange documents during a process known as discovery, which involves deposing witnesses to get their statements under swearing. In most states, defendants can also request to view the records of the plaintiff.

A successful birth injury claim requires a lawyer with experience in these kinds of cases. An experienced attorney will review your case to determine whether you have a valid lawsuit and will work to find the most effective settlement.

Punitive Damages

Some medical malpractice suits include punitive damages, intended as a warning, and also to discourage future negligence. They may be granted in cases of grave negligence or when there was willful misconduct on the part the doctor. However, they are rare in birth injury cases.

After identifying the defendants, the attorney needs to gather and analyze the evidence to support the claim. They must demonstrate that the injuries caused by medical professionals failed to meet a high standard of medical care. The legal team is also required to show the damages resulting from these injuries, known as "damages." This information could be of a financial or non-economic in the sense that it is not a loss.

Economic losses are typically calculated by taking into account the cost of the child's ongoing care, which includes long-term care facilities and other services. These may also include lost earnings in the event that an injury caused both or one parent to lose their job.

The legal team will create an offer package that they will present to the malpractice insurance companies. This document will detail the birth injuries and their effects on the child and family, and demand compensation for the losses. The lawyers will negotiate with the medical providers until a settlement is reached. During the discovery process, attorneys will exchange information with the other party about their cases. This may include depositions of witnesses who swear to testify under oath.