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Birth Injury Compensation
It can be a devastating experience If your child suffers a birth injury due to negligence by a doctor. These injuries usually require lifelong treatment and care, leaving you with enormous financial costs.
Many birth injury cases also have a complicated debate about medical errors versus malpractice. Our attorneys can help you learn the distinctions.
Costs of Treatment
When determining how much to give for a birth injury lawyers from insurance companies and judges look at the severity of the injury and the impact it has on the child's quality of life. If a child needs extensive medical treatment that lasts throughout the course of time, the value of the claim will rise.
Medical treatment for birth injuries can be extremely expensive. Compensation for birth injury can assist families in paying for these expenses. Lawyers often collaborate with experts in putting together a "Life Care Plan," that calculates the total costs incurred by a child's injury. These include hospitalization expenses including surgical interventions, specialized medical treatment prescriptions, home improvements and equipment, and more.
Your legal team will collect medical documents from the pregnancy and birth of your child, in addition to firsthand accounts from relatives. These records will be used to prove that your child was injured due to medical malpractice and to prove the extent of the injury.
Many states have established medical indemnity funds, which provide financial assistance to families with children who have suffered birth injuries. These funds collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. These programs can provide families with financial aid and help reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs may not always meet their goals and should be improved.
Life Care Planning
Children with conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have permanent medical requirements. This includes physical therapies or equipment for specialized use, as well as home health treatment. These expenses can be very expensive.
A life-care planning document is one that lists the future medical, education, home and other expenses that a child with disabilities is likely to endure throughout their life. These plans are used to calculate the financial portion awarded in a case of birth injury. These plans must be comprehensive and carefully designed to comply with the strict requirements for admissibility.
Experts in life-care planning may assist in the preparation of these documents using their input and the formal opinions of disabled children's doctors or therapists as well as caregivers. The plans also include an in-depth description of the injury's initial diagnosis. They outline the root causes of the impairment as well as the long-term effects.
A medical malpractice lawyer must collaborate with a life-care planner to draft the most suitable plan for their client's situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover the cost of all of his or her future expenses and medical care. The money is usually placed into a special needs trust, which is overseen by a licensed administrator. Typically the amount allotted will be re-adjusted periodically to accommodate any changes in your child's needs.
Pain and Suffering
In a birth injury lawsuit there are damages awarded for the plaintiff's past as well as future pain and suffering. This includes mental and physical discomfort caused by the injury and also an inability to engage in activities enjoyed by other people.
It is also possible to recover income if an injury affects their work options or prevents them working at all. In addition, families can be compensated if they are required to help care for an injured child.
Medical malpractice cases typically have very high verdicts due to the fact that juries tend to show sympathy for victims and hold doctors accountable for their errors. Many doctors and hospitals opt to settle rather than risk a trial that is expensive and stressful for all involved.
Both sides will gather evidence to back their arguments during the litigation. They will exchange documents during a process known as discovery, which includes deposing witnesses to get their statements under oath. In many states, defendants are able to ask to see the records of the plaintiff.
A successful birth injury claim requires an experienced lawyer in these kinds of cases. A knowledgeable attorney will examine your case to determine if you have a valid claim and will work to obtain the most favorable settlement.
Punitive Damages
Certain medical malpractice lawsuits include punitive damage awards which are meant to serve as a warning and discourage future negligence. These damages are awarded when there is a high level of negligence or malice on the part the doctor. They are rare in cases of birth injury.
Once the attorney has identified the proper defendants, they must gather and analyze evidence to support their assertions. They must show that the injuries caused by the medical professionals failed to meet standards of care. The legal team must prove the losses that were incurred with the injuries, which are referred to as "damages." These damages can be either economic or non-economic.
Economic losses are calculated by making estimates of ongoing treatment costs including long-term facilities and other services. They may also include lost earnings if an injury resulted in both parents to lose their job.
The legal team will develop an order package that they will present to malpractice insurance companies. The document will outline the birth injuries and the impact they have on the child and family, and demand compensation for the loss. The lawyers will negotiate until a settlement is reached with medical professionals. During this negotiation, the attorneys will discuss their cases with the other side through discovery, which involves taking depositions from witnesses who swear to their testimony under an oath.
