How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries during the birth. The amount of compensation you receive depends on several aspects.

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

Medical expenses

Medical costs associated with birth injury lawsuits injuries can vary greatly depending on the nature of the injuries your child sustains. Broken bones, for instance might require surgery or long-term therapy. In the same way, nerve damage triggered by pressure applied manually or rough handling during delivery could cause chronic discomfort and limitations. Your lawyer will assess your child's needs and estimate the costs of treatment over a lifetime to ensure that you are compensated in a sufficient amount.

You will need to establish that the healthcare professional was owed an obligation, that they breached this duty and that their failure resulted in your child's injuries. This usually requires medical experts to examine the situation and give an assessment based on their knowledge.

Based on the circumstances, you could be able identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth occurred. Your legal team will write to all of them to inform them that a claim for medical malpractice has been filed. They may settle the matter without filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for physical and emotional injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injury and the effects on a child's daily life.

To win a claim parents must prove that a medical professional or facility was not acting in accordance with the standards of care. This means that the doctor or hospital did not act with skill or judgement in a situation where their actions or inaction led to the victim to suffer a medical injury. Medical experts are often involved by both sides to define this standard. Specialists, like doctors of obstetrics, are held accountable to higher standards.

The majority of birth injury cases are settled instead of going to trial. Trials can be costly, risky and lengthy. Settlements allow families to receive financial compensation sooner and in a less threatening process. Settlements also ensure that children's future requirements are satisfied. This can include the cost of a disability van and home modifications, as well as specialized equipment and ongoing medical treatment for illnesses such as cerebral palsy.

Punitive damages

Punitive damages are the most severe award a jury may make in a birth injury case. These damages are often given to deter the perpetrator and discourage others from engaging in similar crimes. These awards are designed to convince victims that their case was considered seriously.

A New York City personal injury lawyer can help you assess the value of your case, including non-economic damages. If they feel it is appropriate, they could also file a suit for punitive damage. Punitive damages may be given based on the defendant's behavior or a finding of moral immorality. They typically amount to four times the other damages granted.

A lawyer can help you obtain a substantial award for medical expenses of your child and other financial losses. They may also bring a lawsuit to recover emotional trauma as well as other damages that aren't financial. Some states put caps on the amount of compensation a victim can receive. Virginia is one example. It caps damages at the cost of treatment up to the victim's tenth birthday. Other states have limits on pain and suffering in addition to other types of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require ongoing treatment. This includes medical treatments as well as therapies and other costs. It can also include future lost earnings if the injury affects the child's ability to work and make an income. This is known as loss of consortium.

Your lawyer will help you to calculate the full costs of your child's injuries which includes non-economic damages. They will work with experts to construct a case that demonstrates how severely your child was harmed and the impact on their life. They also will use expert witness testimony to prove the doctor's violation of duty of care.

They could request access to your child's medical records. They are essential to your case. It is essential to request these whenever you suspect that there is a birth injury because they are often lost or lost. Or, they are destroyed. Your attorney can assist you in getting these documents as soon as is possible.

Damages for economic damage

A birth injury can result in a number of costs that may not be immediately apparent. These include medical expenses that have already been incurred, and also projected costs for therapy in the future and in-home medical treatment, medications, adaptable equipment, as well as travel to and from therapist and doctor appointments.

A severe disability can also limit the ability of an person to earn a living. This could cause a ripple effect on the financial wellbeing of the family. A parent might have to quit their job or stop all work in order to care for an ailing child, which can lead to lost wages.

Parents who are filing a claim to recover for birth injury law firms injuries should keep track of the expenses and losses to determine the amount they may receive. When a judge or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The more accurate the estimation of future medical expenses and losses, the higher the award amount will be. Non-economic damages are harder to quantify however they can be awarded too. They include emotional suffering, distress and loss of quality of life, and loss of consortium.