How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child is injured during birth. The amount you receive depends on several factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will then engage in discovery, where they will exchange evidence and other information including medical records.

Medical expenses

Medical costs associated with birth injuries can vary dramatically based on the severity of the injuries your child sustains. For instance broken bones could require surgery to repair and may result in costly physical therapy over the long term. Additionally, nerve damage caused by pressure from a manual or rough handling during birth can cause permanent discomfort and even limitations. Your lawyer will evaluate the needs of your child and estimate the cost for treatment over a lifetime to ensure that you are compensated for your expenses.

You must prove that a healthcare professional owed obligations to you, and that they did not fulfill that duty, and that this breach caused injuries to your child. It is common for medical experts to review the case and provide an assessment based on their knowledge.

Depending on your situation, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will send 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 issue prior to filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for physical and emotional injuries suffered by a child. The amount of compensation the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

To be able to claim compensation, parents must prove that a medical professional or facility failed to perform their duties in accordance with the standard of care. This means that a physician or hospital's actions or inactions led to an injury to a patient. Both sides typically employ medical experts to help determine the norm. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, risky and time-consuming. Settlements offer families financial compensation earlier and in a less threatening process. Settlements also ensure that a child's future needs are fulfilled. This can include the cost of a disability van, home modifications and specialized equipment as well as ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount a jury could make in cases involving birth injuries. They are usually awarded to punish the wrongdoer and to deter others from doing similar crimes. The purpose of these awards is to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damages. If they are deemed appropriate, they can also file a suit for punitive damage. Punitive damages are based on the defendant's behavior as well as the finding of moral indecency. They typically amount to four times the amount of other damages awarded.

A lawyer can help get you a substantial amount to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation that a victim may receive. Virginia, for example, sets the amount of damages to be equal to the cost of treatment up to the tenth birthday celebration of a victim. Other states also have caps on pain and suffering, as well as other damages.

Damages for non-economic damages

In many instances, a child's injuries will cause long-term treatment. This can include medical treatment, therapies, and other expenses. It could also include future loss of earnings if the injury interferes with the child's capacity to work and earn a living. This is referred to as loss of consortium.

Your lawyer will help you calculate the total cost of your child's injuries, including non-economic damages. They will work with experts to build a case that demonstrates the extent to which your child was harmed and the impact on their life. They will also rely on expert testimony to show that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are crucial to your case. These documents are essential to get as soon as you can in the event of a birth trauma. They can be lost, misplaced or destroyed. Your attorney can assist in obtaining these documents as soon as possible.

Damages for economic damage

A birth injury can result in a variety of expenses that aren't immediately obvious. These expenses include the medical bills already and the costs of therapy to come including in-home or institution-based care and medication, adaptive equipment as well as travel to and from therapist or doctor's appointments.

Furthermore, a disability that is severe could hinder a person's ability to earn an income that is sufficient. This can also affect the finances of a family. A parent may have to quit their job or stop their job completely to care for the child who is disabled, leading to loss of income.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses in order to determine the maximum amount they could be awarded. When a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more precise the estimate of future medical costs and losses, the more the amount awarded will be. Non-economic damages are difficult to quantify, but they can be awarded too. These include emotional suffering, distress, loss in quality of life and loss of consortium.