barrington park hills birth injury lawsuit injury lawsuit (vimeo.com) Injury Compensation

It can be a devastating experience if your child suffers a birth injury as a result of a doctor's negligence. These injuries are often life-long treatment and treatment, which can result in huge financial burdens.

A lot of birth injury cases involve a tense debate about medical malpractice versus medical errors. Our lawyers can help you understand the differences.

Costs of Treatment

In determining the amount to decide on a settlement for a birth trauma attorneys from insurance companies and judges take into account the degree of the injury as well as the impact it has on the child's life quality. If a child needs extensive medical treatment that lasts over time the value of the claim will rise.

Medical treatment for birth injuries can be very expensive. Compensation awarded for a birth injury can help families pay for these costs. Lawyers and experts frequently collaborate to develop a "Life Care Plan" that calculates the costs of a child’s injury over a lifetime. These include hospitalization expenses, surgical intervention, specialized medical treatment and prescriptions, home improvement projects and other equipment, and many more.

Your legal team will collect medical records from the time of your child's birth and pregnancy, as well as firsthand accounts from relatives. These documents will be used to show that your child was injured due to medical malpractice and to demonstrate the extent of the injury.

Many states have passed medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums or require hospitals and doctors to contribute to an investment fund. These programs can provide families with financial support and help reduce the need to file a lawsuit. JLARC staff however, discovered that these programs did not always meet their objectives and need to be improved.

Life Care Planning

Children who suffer from conditions like cerebral palsy and hypoxic-ischemic encephalopathy will face long-term medical needs. These requirements include physical therapy, special equipment and home health care. The costs for these can be significant.

A life-care plan is a document that establishes the future medical educational, in-home, and other expenses disabled children are expected to pay for the rest of his or her life. These plans are often used to calculate the economic portion of damages awarded in a birth injury lawsuit. They should be comprehensive and carefully drafted to meet the strict requirements for evidence legal admissibility in court.

Experts in planning for life can assist in the creation of these documents by utilizing the their input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans include a detailed narrative about the initial injury and the diagnosis. They explain the underlying causes of the disability as well as the long-term consequences.

A medical malpractice lawyer must work with a life planner to come up with the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover their future costs and expenses. The money awarded is typically placed in a special needs trust managed by an approved administrator. Typically the amount awarded will be adjusted periodically to adjust to the changing needs of your child's requirements.

Pain and Suffering

In cases involving birth injuries and damages are awarded to compensate the plaintiff for the past and future discomfort and pain. This includes physical and mental discomfort caused by the injury and also an inability to engage in activities normally enjoyed by others.

You can also recover lost income when a victim's injury limits their options professionally or prevents them working at all. Families may also be compensated for the care and treatment of an injured child.

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

Both sides will collect evidence to support their arguments during the trial. They will share documents in a process known as discovery, which involves the deposition of witnesses to obtain statements under oath. In most states, defendants can request to view the plaintiff's records.

A successful birth injury claim requires a skilled lawyer in these kinds of cases. An experienced attorney will go over the facts of your case, determine if it is in line with the requirements for a lawsuit, and seek out the most favorable financial settlement possible.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages awards, which are intended to serve as a warning and to deter future negligence. The damages can be awarded when there is a substantial amount of malice or negligence on the part the doctor. They are rare in cases of birth injury.

Once the attorney has identified the appropriate defendants, they need to examine and gather evidence to back up their assertions. They must establish that the injuries sustained by medical professionals did not comply with the standards of care required. The legal team must be able to prove the loss that was caused with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs including long-term treatment facilities and other services. They could also include lost earnings if an injury caused both or one parent to lose their job.

The legal team will prepare a demand letter for the malpractice insurance companies. The document will detail the birth injury and its impact on the child and their family as well as request compensation to cover the costs of these loss. The lawyers will negotiate with the medical providers until they reach a settlement. During the discovery process, attorneys will share information with the other party on their case. This includes depositions of witnesses who testify on oath.