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How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured during birth. In general, the amount of compensation you receive will depend on a few variables.

The process of bringing a lawsuit begins with your attorney filing an action against the defendants. Both sides will participate in discovery, where they will exchange evidence and information, including medical records.

Medical expenses

Medical costs for a birth injury vary widely according to the severity of the injury. For instance broken bones can require surgery to fix and may result in long-term physical therapy costs. In the same way nerve damage resulting from physical pressure or rough handling can cause permanent pain and limitations. Your lawyer will review your child's needs and estimate the cost of treatment over a lifetime to ensure that you are compensated in a sufficient amount.

You will need to prove that the healthcare professional was owed an obligation, that they did not fulfill their obligation, and that their failure caused the injury to your child. It is typically recommended that medical experts look over the case and offer their opinions basing on their previous experiences.

Depending on the circumstances you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your baby, the medical assistants and the hospital which the birth occurred. Your legal team will write letters to each of these parties advising them that a medical malpractice claim has been made and that they have an opportunity to settle the matter prior filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in compensation for emotional and physical harms sustained by children. The amount of compensation the family is awarded is determined by the severity of the injury as well as its impact on the child's life.

Parents must demonstrate that the medical professional or facility did not operate in accordance with the standards of care in order to win a claim. It means that a physician or hospital's actions caused the victim to suffer a medical injury. Both sides usually employ medical experts to help define the standards. Specialists, such as obstetricians, are held to higher standards.

Most birth injury cases are settled prior to going to trial. Trials can be costly, risky and lengthy. Settlements allow families to receive financial assistance sooner and in a more amiable manner. Settlements also ensure that a child's future needs are met. This can include the cost of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe award a jury may make in the case of a birth injury. These damages are often granted to punish the perpetrator and deter others from engaging in similar crimes. The purpose of these awards is to make the victims feel like their cases are taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including non-economic damage. If necessary, they may also file a suit for punitive damages. Punitive damages are given based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help win you a significant award to pay for your child's medical expenses and other financial losses. They are also able to file a lawsuit for emotional trauma and other losses that are not financial. Some states put caps on the amount of compensation a victim can receive. Virginia is an example. Virginia restricts damages to the cost of treatment until the victim's tenth birthday. The other states have caps on pain and suffering and other types of damages.

Damages for non-economic damages





In many cases, the injuries of a child will require lifetime care. This includes medical treatment, therapies, and any other expenses. It could also cover future lost earnings in the event that the injury affects the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will help you determine the total cost of your child's injuries which includes non-economic damages. They will collaborate with experts to develop a case to show how badly your child was injured and the impact on their life. They will also use experts' testimony to prove that the doctor did not fulfill their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. It is important to request them whenever you suspect a birth injury since they are often lost or misplaced. birth injury lawyers can also be destroyed. Your attorney can assist in obtaining these documents as fast as is possible.

Damages for economic damage

A birth injury can cause a range of expenses that aren't immediately evident. These costs include medical charges that have already been incurred as well as projected costs for future therapy such as in-home or institutional treatment, medication, adaptive equipment and travel to and away from therapist and doctor's appointments.

A serious disability may also hinder an individual to earn a living. This can also have an impact on the financial health of a family. Parents may need to quit their job or give up work entirely in order to care for a child with disabilities, leading to a loss of wages.

Parents who file a birth injury claim should keep track of all expenses and losses to determine the amount they can be awarded. If a jury or court awards damages, they must take into account a victim's lifelong requirements. The more accurate the estimation of future medical costs and losses, the higher the amount awarded will be. Non-economic damages are difficult to quantify however they can be awarded too. These include emotional suffering, distress loss of quality of life and loss of consortium.