Birth Injury Compensation

It can be devastating if your child suffers a birth injury due to negligence by a doctor. These injuries can require lifelong treatment and care. You'll be left with enormous financial costs.

Many birth injuries cases involve a complex debate over medical malpractice versus medical errors. Our lawyers can help you understand the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges consider the severity of the birth injury lawsuit injury as well as the impact it affects the child's quality of life in determining the amount of compensation to be paid. If a child requires extensive medical treatment that lasts throughout the course of time, the value of the claim will rise.

The medical treatment for birth injuries can be costly. The compensation awarded for a birth injury can help families cover these expenses. Lawyers and experts often work together to develop an "Life Care Plan" that calculates the costs of a child's injury over the course of his or her life. These expenses include hospitalization, surgery, specialized medical treatments such as prescriptions, home repairs and equipment, etc.

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

Many states have established medical indemnity fund that provides financial aid to families of children born with birth injuries. These funds pay a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to an account of resources. These programs can help families with financial assistance and lessen the need to file a lawsuit. JLARC staff discovered that these programs didn't always meet their goals, and need to be improved.

Life Care Planning

Children suffering from conditions like hypoxic ischephalopathy or cerebral palsy will require medical treatment throughout their lives. These needs include physical therapy, specialized equipment, and home health. In many cases, these costs can be quite significant.

A life-care plan is a document that outlines the future medical, educational, in-home and other expenses a disabled child will incur for the rest of his or his or her life. These plans are commonly used to help calculate the amount of damages in a birth injury lawsuit. They should be comprehensive and meticulously drafted to meet the strict requirements of evidentiary for admission in court.

Experts in life-care planning may assist in the creation of these documents by utilizing the input and the formal opinions of disabled children's doctors or therapists, as well as the caregivers. The plans include a comprehensive account of the injury and its diagnosis. They also explain the root causes of the disability as well as its long-term consequences.

A medical malpractice lawyer should collaborate with a health care planner to create the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child is provided with adequate compensation to cover all of their future medical and other expenses. The funds are usually put into a trust for special requirements, which is managed by an approved administrator. The amount of money that is awarded is typically adjusted every few months to reflect changes in the future needs of your child.

Suffering and Pain

In a birth injury law firm injury lawsuit there are damages awarded for the plaintiff's past and future suffering and pain. This includes physical and mental suffering caused by the injury, as and the inability to take part in activities that others are able to perform.

You may also recover income if a victim's injury limits their options professionally or prohibits them from working all. Additionally, families could be compensated if required to help care for the child who is injured.

The verdicts in medical malpractice cases tend to be extremely high because juries tend to be compassionate towards victims and hold doctors accountable for their mistakes. Due to this, many hospitals and doctors prefer to settle instead of taking on the trial process, which is expensive and stressful for the parties involved.

During the trial lawyers on both sides will gather evidence to back their arguments. They will exchange documents in the process known as discovery, which involves deposing witnesses to obtain their statements under oath. In many states, defendants are able to ask to see the plaintiff's records.

An experienced lawyer who has handled this kind of case is required to submit a successful claim for birth injury. A seasoned attorney will analyze the details of your case, determine if the case meets the requirements for a lawsuit, and work to secure the best financial settlement possible.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages, which are meant to convey a message and discourage any future negligent behavior. These damages can be awarded when there is a high degree of negligence or malice on the part the doctor. However, they are extremely rare in birth injury cases.

After identifying the defendants, the attorney must collect and evaluate the evidence in support of the claim. They must show that the injuries caused by the medical professionals did not conform to the a high standard of care. The legal team must be able to prove the loss that was caused with the injuries, also known as "damages." These damages could be economic or non-economic.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They could also include the loss of earnings if an injury has caused both parents to lose their job.

The legal team will prepare a demand letter for the malpractice insurance companies. The document will outline the birth injuries and their effects on the child and family, and demand compensation for these losses. The lawyers will negotiate until a settlement is reached with medical professionals. During this process, attorneys will discuss their cases with the opposing side through discovery, which includes depositions of witnesses who are required to testify under oath.