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How a Birth Injury Claim Works

You may 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 suing begins when your lawyer files a complaint against defendants. Both sides will participate in discovery, in which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses associated with birth injuries can vary dependent on the severity of the injury. Broken bones, for instance, may require surgery and long-term therapy. In the same way nerve damage caused by harsh handling or pressure from a manual instrument can lead to permanent discomfort and limitations. Your lawyer will assess the medical needs of your child and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover these.

You must establish that the healthcare professional was owed the duty of care, that they violated this duty and that their lapse caused your child's injuries. This usually requires medical experts to analyze the case and provide an assessment based on their knowledge.

Depending on your situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took place. Your legal team will contact each of these individuals to inform them that a claim for medical malpractice has been filed. They may settle the matter without having to file an action.

Suffering and pain

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

To be able to claim compensation, parents must prove that an medical professional or institution failed to act according to the standard of care. This means that a doctor or hospital's actions or inactions caused an injury to a patient. Both sides often hire medical experts to help define the standards. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials are expensive, time-consuming and costly. Settlements enable families to receive financial compensation faster and in a more friendly way. Settlements ensure that future needs of a child are addressed. This could include the cost of a wheelchair van home modifications, specialized equipment, and regular medical treatment.

Punitive damages

In the event of a birth injury, punitive damages may be the most severe decision that a judge can award. They are often granted to punish the offender and discourage others from making similar mistakes. They also aim to make the victims feel like their cases are taken seriously.

A New York City personal injury lawyer can help you determine the worth of your claim, including non-economic damages. They may also pursue a lawsuit seeking punitive damages in the event that they are appropriate. Punitive damages are determined by the defendant's behavior and the finding of moral indecency. They are usually four times the amount awarded.

A lawyer can help get you a significant award to help cover medical costs for your child and other financial losses. They can also file a suit for emotional trauma, as well as other damages that aren't financial. Certain states have caps on the amount of compensation that a victim can receive. Virginia is an example. Virginia limits damages up to the cost of treatment, up to the victim's 10th birthday. Other states restrict damages for suffering and pain in addition to other types.

Damages for non-economic damages

In many instances, the injuries of a child will require lifetime treatment. This includes medical treatment, therapies, and any other costs. It may also include loss of earnings if the injury is affecting the child's ability to work and make money. This is called loss of consortium.

Your lawyer will assist you calculate the total amount of the injuries your child sustained, including non-economic damages. They will collaborate with expert witnesses to create a compelling argument to demonstrate the severity of your child's injuries as well as their effects on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They may also ask for access to your child's medical records. These are crucial to your case. It is essential to obtain them whenever you suspect that there is a birth injury as they are often lost or lost, or destroyed. Attorneys can assist you in obtaining these documents as fast as possible.

Damages for economic loss

A birth injury lawyers injury can cause a range of costs that are not immediately evident. These expenses can include medical bills that have already been paid, as well as projected costs for future therapy and in-home medical care, medication, adaptive equipment, as well as transport to and from therapist and doctor appointments.

Furthermore, a disability that is severe can make it difficult for an individual to earn a living wage. This can also impact a family's finances. Parents may have to quit their jobs or stop working altogether to take care of disabled children. This could lead to loss of wages.

Parents who are filing a claim for birth injuries should keep track of the expenses and losses to determine the maximum award they could receive. When a jury or court gives damages, they take into account the victim's needs throughout their life. The more accurate the estimation of future medical costs and losses, the more the award amount will be. Non-economic damages are harder to quantify however they are granted as well. These include emotional distress, suffering loss of quality of life, and loss of consortium.