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How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child suffers injury during the birth. The amount you receive depends on several factors.

The lawsuit process begins with your attorney filing an complaint against the defendants. Both sides will then go through discovery, where they will trade evidence and documents, including medical records.

Medical expenses

Medical costs associated with a birth injury can vary significantly based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. 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 analyze your child's medical needs and determine estimated lifetime costs of treatment to ensure sufficient compensation to cover them.

You must show that the healthcare professional was owed the duty of care, that they breached this duty and that their negligence caused the injury to your child. It is common for medical experts to examine the case and give an opinion based on their experiences.

Depending on the circumstances you might be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth took. Your legal team will write to each of these individuals to inform them that a claim for medical malpractice has been filed. They may resolve the issue without filing an action.

Suffering and pain

A birth injury lawsuit may result in a settlement for physical and emotional injuries that a child suffers. The amount of compensation families receive is determined by the severity of the injury and the impact on the child's life.

In order to win a case parents must show that a medical professional or a facility was not acting in accordance with the standards of care. This means that the physician or hospital acted with a lack of competence or judgment in an instance in which their actions or inaction resulted in a medical injury. Medical experts are often consulted by both sides to help define this standard. Specialists, like doctors of obstetrics, are held accountable to higher standards.

Most birth injury cases settle rather than going to trial. Trials are risky, time consuming and costly. Settlements enable families to receive financial assistance sooner and in a less tense manner. Settlements also ensure that children's future requirements are fulfilled. This could include the expense of a wheelchair van home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe awards that juries could award in a birth injury lawyers injury case. These damages are typically granted to punish the perpetrator and deter others from making similar mistakes. These awards are also intended to make the victims feel like their cases have been taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your claim, including non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are determined by the defendant's behavior and an indictment of moral turpitude. They are usually four times the amount awarded.

A lawyer can help you get a substantial amount of money for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma, as well as other non-financial damages. Certain states have caps on the amount of compensation a victim can receive. Virginia is one example. It limits damages to the cost of treatment up to the tenth birthday celebration of a victim. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In a majority of cases, a child's injuries will result in ongoing medical treatment. This includes medical care, therapies, and any other expenses. It could also cover future lost earnings if the injury is affecting the child's ability to work and earn a living. This is known as loss consortium.

Your lawyer will assist you determine the total cost of your child's injury as well as non-economic damage. They will work with experts witnesses to construct a convincing case that demonstrates the severity of your child's injuries and their impact on their life. They will also make use of expert witness testimony to prove the doctor's lapse of duty of care.

They could also request access to the medical records of your child. These are essential to your case. It is crucial to request these when you suspect that there is a birth injury because they are frequently lost or lost, or destroyed. Your attorney can assist you in getting these documents as soon as possible.

Damages for economic damage

A birth injury could cause a range of expenses that aren't immediately apparent. These expenses include medical bills already paid as well as the projected expenses for future therapy home care, institutional care, medications, adaptive equipment, as well as transportation to and from doctor and therapist appointments.

A severe disability could hinder a person's ability to earn a living wage. This can also have a ripple effect on the finances of a family. A parent may have to quit their job, or even quit all work in order to take care of the child who is disabled, leading to loss of income.

Parents who file a birth injury claim should keep track of all these costs and losses in order to determine the maximum amount they could be awarded. When a court or jury decides to award damages, they take into consideration the needs of the victim for the rest of their life. The greater the amount is, the more accurate the estimate of the future medical expenses. In addition, non-economic damages can be awarded although they are harder to quantify. They include emotional distress, suffering and loss of quality of life, and loss of consortium.