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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 in the course of birth. The amount of compensation you receive will depend on a number of variables.

The process of bringing a lawsuit begins with your attorney filing a complaint against the defendants. Both sides will engage in discovery, in which they exchange information and evidence including medical records.

Medical expenses

Medical expenses associated with a birth injury can vary in a significant way based on the nature of the injuries your child sustains. Broken bones, for example could require surgery as well as long-term therapy. In the same way, nerve damage from harsh handling or pressure from a manual instrument could cause long-term discomfort and limitations. Your lawyer will evaluate your child's medical requirements and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover them.

You will have to show that the healthcare professional owed you a duty, that they violated this duty and that their failure resulted in your child's injuries. This typically requires medical experts to analyze the case and give an opinion based on their own experience.

Based on the circumstances You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took. Your legal team will write letters to all of these parties advising them that a medical negligence claim has been made and that they have the chance to settle the matter prior to filing a lawsuit.

Suffering and pain

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

Parents must show that the medical professional or the facility did not act in accordance with the standards of care to win an award. It is a way of saying that a physician or hospital's actions, or inactions, caused the victim to suffer a medical injury. Medical experts are often involved by both sides to determine the standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be risky, time consuming and costly. Settlements provide families with financial compensation sooner and in a less threatening process. Settlements also ensure that a child's future requirements are taken care of. This can include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe awards a jury may make in a birth injury case. They are usually awarded to penalize the wrongdoer and discourage others from engaging in similar offenses. They also aim to make victims feel that their cases have been treated seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, which includes non-economic damage. They can also pursue a lawsuit seeking punitive damages if they are appropriate. Punitive damages are determined by the defendant's behavior as well as the finding of moral imprudence. They are typically four times the amount of other damages that are awarded.

A lawyer can assist you to get a substantial amount of money to cover medical expenses for your child and other financial losses. They may also file a suit for emotional trauma, as well as other damages that aren't financial. Some states place caps on the amount of compensation a victim could receive. Virginia is one example. It restricts damages to the cost of treatment up to the tenth birthday of a victim. Other states have caps on pain and suffering as well as other types of damages.

Damages for non-economic damages

In many cases, the injuries of a child will require lifetime care. This includes medical care as well as therapies and other costs. It could also cover future loss of earnings if the injury can hinder the child's ability to work and make money. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injuries, including non-economic damages. They will collaborate with experts to construct an argument to demonstrate how severely your child was injured and the effect on their life. They will also rely on expert witness testimony to prove that the doctor's breach of duty of care.

They may also ask for access to your child's medical records. These are crucial to your case. It is important to obtain them immediately if you suspect a birth injury as they are frequently lost, misplaced, or destroyed. Attorneys can help you get these documents as swiftly as possible.

Damages for economic damages

A birth injury could result in a variety of expenses that are not immediately obvious. These costs include medical bills already and the costs for future therapy, in-home or institutional care medications, adaptive equipment and travel to and away from therapist and doctor's appointments.

A serious disability may also make it difficult for an individual to earn a decent living. This can also impact a family's finances. Parents might be forced to take a break from their work or even stop working completely to take care of a disabled child. This could lead to losing earnings.

Parents who file a birth injury claim should keep track of all costs and losses in order to determine their maximum potential award. When a jury or court decides to award damages, it takes into account the victim's needs for the rest of their life. The more precise the estimation of future medical costs and losses, the higher the amount of award will be. Damages that are not economic can also be awarded even though they are harder to quantify. These include emotional suffering, distress loss of quality of life, and loss of consortium.