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How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you may be entitled to compensation. The amount you receive depends on several factors.

The process of suing begins when your attorney files a complaint against defendants. Both parties will then engage in discovery, where they will exchange evidence and information including medical records.

Medical expenses

Medical expenses related to birth injuries can vary greatly depending on the nature of your child's injuries. Broken bones, for example might require surgery or long-term therapy. Similar to that nerve damage resulting from physical pressure or rough handling could cause long-term pain and limitations. Your lawyer will evaluate the needs of your child and estimate the costs of treatment over the course of their lives to ensure that you are compensated in a sufficient amount.

You must demonstrate that a healthcare professional was bound by obligations to you, and that they breached their obligation, and that the breach led to injuries to your child. It is often required to have medical experts review the case and provide their opinion based on past experience.

Depending on the situation, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, his medical assistants and the hospital the hospital where the birth took place. Your legal team will send letters to all of these parties notifying them that a medical malpractice lawsuit has been filed and that they are given the chance to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for the emotional and physical harms suffered by the child. The amount of compensation families receive is determined by the severity of the injuries and their impact on a child's life.

Parents must show that the medical professional or facility did not act in accordance with the standard of care to prevail in an award. It means that a physician or hospital's actions or inactions caused a medical injury. Medical experts are frequently consulted by both sides to define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive financial compensation earlier and in a less adversarial process. Settlements also ensure that children's future needs are satisfied. This can include the cost of a disability van, home modifications and specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that a jury could make in cases involving birth injuries. These damages are typically awarded in order to punish the perpetrator and deter others from committing similar crimes. The purpose of these awards is to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes non-economic damages. They can also bring a lawsuit for punitive damages, if they are appropriate. Punitive damages are based on the defendant's conduct and the finding of moral turpitude. They are usually four-times the amount of other damages awarded.

A lawyer can help you win a significant award to cover medical expenses for your child and other financial losses. They may also file a lawsuit for emotional trauma and other losses that are not financial. Some states limit the amount of compensation that the victim could receive. Virginia is an example. Virginia is able to limit damages to the cost of treatment to the victim reaches their 10th birthday. The other states have limits on pain and suffering in addition to other types of damages.

Damages for Birth Injuries non-economic damages

In most cases, the injuries suffered by children will require lifetime care. This includes medical treatment as well as therapies and other costs. This can include future lost wages if the injury interferes with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, which includes non-economic damages. They will work with experts witnesses to construct a convincing case to show the extent of your child's injuries as well as their impact on his or her life. They also will use expert witnesses to prove that the doctor's breach of duty of care.

They can also request access to your child’s medical records. These are essential to your case. These documents are crucial to request as soon as possible if you suspect a birth trauma. They can be lost, lost or destroyed. Your attorney can assist in obtaining these documents as soon as is possible.

Damages for economic loss

A birth injury can cause a range of expenses that are not immediately evident. These include medical expenses already paid as well as projected costs for therapy to come home care, institutional treatment, medications, adaptable equipment, as well as travel to and from doctor and therapist appointments.

A serious disability may also hinder an person to earn a living. This could cause a ripple effect on the finances of a family. Parents might have to give up their jobs or birth Injuries stop working altogether to care for the child with disabilities. This can result in loss of income.

Parents who are pursuing a claim for birth injuries should keep track of all costs and losses in order to determine their maximum possible award. 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, the more accurate the estimation of future medical costs. Non-economic damages are also awarded although they are harder to quantify. These include emotional distress, suffering and loss of quality of life and loss of consortium.