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Birth Injury Compensation

If your child has a birth injury due to the negligence of a doctor or wrongful act, it can be devastating. These injuries often require lifetime treatment and treatment, which can result in immense financial burdens.

Many birth injury cases also require a lengthy debate on medical errors versus malpractice. Our attorneys can explain the differences.

Costs of Treatment

When determining how much to give for a birth injury the attorneys of insurance companies and judges evaluate the degree of the injury as well as its impact on the child's quality of life. For instance, if a child requires extensive ongoing medical treatment it will increase the value of a claim.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers often collaborate with experts to put together an "Life Care Plan," which calculates the life-time cost of a child's injuries. This includes hospitalization costs or surgical intervention, medical treatment prescriptions, home improvements and equipment, and much more.

Your legal team will collect medical records from the time of pregnancy and birth of your child, along with firsthand accounts from family members. These records will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have passed medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds either collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to the resource pool. In addition to providing financial aid, these programs can also reduce the need for families to make a claim. However, JLARC staff found that the programs don't always meet their goals and could be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic ischemic brain disease will have permanent medical requirements. These include physical therapy, specialized equipment, and home health care. These expenses can be substantial.





A life-care planning document a document which outlines the future medical, educational home, and other costs a child with disabilities will incur throughout his or her lifetime. These plans are often utilized to calculate the amount of damages awarded in a case of birth injury. They should be comprehensive and carefully designed to meet the strict requirements of evidentiary for admission in court.

Life-care planning experts can help to develop these documents with feedback and formal opinions from the child's doctors as well as therapists and other caregivers. The plans contain a thorough account of the injury and the diagnosis. They describe the underlying causes of the disability as well as its long-term effects.

A medical malpractice lawyer should work with a life planner to develop the most suitable plan for their clients' situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover all of their future care and expenses. The money is usually put in a trust to cover special needs, which is managed by an administrator approved by the trustee. The amount awarded is typically adjusted regularly to reflect the changing requirements of your child.

Suffering and birth injury lawyers

In a case that involves birth injuries that result in damages, the court will compensate the plaintiff for future and past discomfort and pain. This includes mental and physical suffering from the injury as well as an inability to participate in the activities that are normally enjoyed by other people.

It is also possible to recuperate for income loss if the victim's condition limits their professional options or prevents them from working. Families may also be compensated to help care for an injured child.

Medical malpractice cases usually have very high verdicts due to the fact that juries tend to show compassion for victims and hold medical professionals accountable for errors. Because of this, many hospitals and doctors prefer to settle rather than risk an appeal, which can be expensive and stressful for all parties involved.

During the litigation lawyers on both sides will gather evidence to support their arguments. They will share documents through a process known as discovery, which involves the deposition of witnesses to obtain statements under swearing. The defendants could also ask to examine the medical records of a plaintiff and are legal in all states.

A successful birth injury claim requires an experienced lawyer in these types of cases. A seasoned attorney will analyze the circumstances of your case, determine if it is in line with the legal requirements and work to secure the best financial settlement you can get.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are meant to communicate a message and deter future negligent behavior. They can be awarded in cases involving particularly serious negligence or where there was negligence on the part of the medical professional. However, they are not common in birth injury cases.

After the attorney identifies the appropriate defendants, they have to examine and gather evidence to support their assertions. They must prove that the injuries caused by medical professionals did not meet an acceptable standard of care. The legal team must also show evidence of the losses that are associated with the injuries, also known as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs including long-term treatment facilities and other services. They can also include lost earnings if an injury has caused both parents to lose their job.

The legal team will create a demand form to be presented to the malpractice insurers. The document will explain the birth injuries and their effect on the child as well as the family, and request compensation for these losses. The lawyers will negotiate with medical professionals until a settlement is reached. In this process, attorneys will discuss their cases with the opposing side through discovery, which includes taking depositions from witnesses who swear to their testimony under the oath.