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Birth Injury Compensation

It can be a devastating experience If your child suffers a birth injury as a result of the negligence of a doctor. These injuries usually require lifelong treatment and care, leaving you with enormous financial costs.

Additionally, a lot of birth injury lawsuits injury cases have a complex argument over medical mistakes versus malpractice. Our attorneys can help you understand the differences.

Costs of Treatment

When determining how much to award for a birth injury, insurance companies attorneys and judges look at the extent of the injury and the impact it has on the child's quality of life. If a child requires extensive medical treatment that lasts over time the value of the claim will rise.

Medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families cover these costs. Lawyers and experts often collaborate to develop an "Life Care Plan" which estimates the costs of a child's injury over the course of his or her life. These expenses include hospitalization, surgery, medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, in addition to personal accounts from relatives. These records will be used to show that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have medical indemnity funds which provide financial aid to families with children with birth injuries. These funds collect a portion of malpractice insurance premiums or require hospitals and doctors to contribute to a pool of resources. These programs can help families with financial assistance and help reduce the need to file a lawsuit. JLARC staff, however, found that these programs did not always meet their goals, and should be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have lifelong medical needs. This includes physical therapy, specialized equipment and home health. The costs for these can be significant.

A life-care plan is a document that specifies the future medical education, home-based, and other costs that a disabled child will incur throughout his or his or her life. These plans are frequently used to determine the financial portion of damages awarded in a birth injury case. They must be comprehensive and carefully drafted to meet the strict requirements of evidence for admissibility in the court.

Experts in life-care planning can help develop these documents using their input and the formal opinions of a child with disabilities' doctors or therapists as well as caregivers. The plans also contain an extensive description of the initial injury and diagnosis. They provide the reason for the disability and its long-term effects.

A medical malpractice lawyer must collaborate with a life-care planner to develop the most suitable plan for their client's situation. The purpose of the plan is to ensure that your child receives sufficient compensation to cover all of his or her future care and expenses. The funds are usually placed in a special needs trust managed by an approved administrator. Typically, the amount of funds given will be adjusted regularly to meet changes in your child's requirements.

Suffering and Pain

In a case that involves birth injuries, damages are awarded to compensate the plaintiff for past and future pain and discomfort. This includes mental and physical distress from the injury, as well as an inability to engage in activities that are enjoyed by others.

It is also possible to claim for the loss of income when a victim's disability limits their career options or prevents them from working at all. Additionally, families could be compensated if required to help care for an injured child.

Medical malpractice cases usually have very high verdicts due to the fact that juries tend to show empathy for victims and hold medical professionals accountable for errors. Due to this, many doctors and hospitals prefer to settle instead of taking on an appeal, which can be expensive and stressful for the parties involved.

During the litigation attorneys from both sides will collect evidence to prove their points. They will exchange documents during the process known as discovery, which involves deposing a witnesses to get their statements under the oath. The defendants may also request to look over the medical records of the plaintiff, which is legal in most states.

A lawyer who is experienced in this type of case is essential to make a successful claim for birth injuries. A seasoned attorney will analyze your case to determine whether you are entitled to a lawsuit and will work to get the best settlement.

Punitive Damages

Some medical malpractice suits also include punitive damage awards which are intended to serve as a stern warning to discourage future negligence. The award of these damages is made when there is a high level of malice or negligence on the part the doctor. However, they are rare in birth injury cases.

After identifying the defendants, the attorney needs to gather and evaluate the evidence in support of the claim. They must prove that the injuries incurred by medical professionals did not comply with the standards of care required. The legal team must prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs which includes long-term facilities as well as other services. They could also consider the loss of earnings if the injury caused one or both parents to quit their jobs.

The legal team will develop a demand package that they will submit to malpractice insurers. This document will describe the birth injury, its effects on the child and their family as well as request compensation to cover the expenses of these losses. The attorneys will negotiate with medical professionals until the settlement is reached. In this process, attorneys will exchange information about their cases with the opposing side through discovery, which includes depositions of witnesses who take testimony under oath.