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Birth Injury Compensation

If your child is suffering from a birth injury resulting from the negligence of a doctor or an unjust decision, it could be devastating. These injuries can require lifelong treatment and care. You'll be left with enormous financial costs.

Additionally, many birth injury cases involve a complex debate about medical malpractice versus medical mistakes. Our attorneys can help you learn the distinctions.

Costs of Treatment





Attorneys, insurance companies, and judges consider the severity of the birth injury as well as the impact it has on the child's life in determining the amount compensation to be paid. For instance the child who suffers from a medical condition requires extensive ongoing medical treatment that will increase the value of the claim.

Medical treatment for birth injury can be very expensive. birth injury attorneys for a birth injury can assist families in paying for the costs. Lawyers often work with experts in putting together a "Life Care Plan," that calculates the total expenses incurred by a child's accident. These include hospitalization expenses and surgical procedures, as well as specialized medical treatment and prescriptions, home improvement projects and equipment, and more.

Your legal team will gather medical documents from the time of your child's birth and pregnancy and also firsthand stories from family members. These will be used to prove that your child suffered an injury due to medical negligence and to demonstrate the extent of the harm caused.

Many states have passed medical indemnity funds to provide financial support to families of children who suffer from birth injuries. These funds pay a portion of malpractice insurance premiums. They also require hospitals and doctors to contribute to an investment fund. In addition to providing financial assistance, these programs could also help reduce the necessity for families to make a claim. JLARC staff however found that these programs didn't always meet their objectives and should be improved.

Life Care Planning

Children who suffer from conditions like cerebral palsy and hypoxic ischemic brain disease will have lifelong medical needs. These include physical therapy, special equipment, and home health care. These expenses can be substantial.

A life-care planning document is an outline of the future medical, educational home, and other costs children with disabilities will endure throughout their lifetime. These plans are typically utilized to calculate the financial portion of damages in a birth injury lawsuit. They must be thorough and meticulously drafted to meet the strict evidentiary requirements for admission in the court.

Life-care planning experts can help to develop these documents based on the input and opinions of the child's doctor caregivers, therapists, and doctors. The plans also include a detailed account of the injury that caused it and its diagnosis. They also explain the root cause of the disability and its long-term consequences.

A medical malpractice lawyer should work with a life planner to create the most appropriate plan for their clients' situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover all of their future expenses and health care. The funds are usually put into a special needs trust that is managed by a reputable administrator. Typically the amount awarded will be adjusted periodically to reflect the changing needs of your child's requirements.

Suffering and Pain

In a birth-related injury case, damages are awarded for a plaintiff's past and future pain and suffering. This includes the physical and mental pain caused by the injury, as well as the inability of the plaintiff to participate in activities that others are able to perform.

It is also possible to recover for lost income if the victim's condition limits their options for employment or stops them from working in any way. In addition, families may be compensated if required to help care for an injured child.

Medical malpractice cases often receive very high verdicts, since juries tend to show sympathy for the victims and hold doctors accountable for their errors. Many doctors and hospitals prefer to settle rather than risk an expensive trial and stressful for all parties involved.

During the course of the lawsuit attorneys from both sides will gather evidence to support their arguments. They will exchange documents during a process called discovery, which entails interviewing witnesses to obtain their statements under the oath. In most states, defendants may also ask to see the records of the plaintiff.

A successful birth injury claim requires an experienced lawyer in these types of cases. An experienced attorney will go over the circumstances of your case, determine if it meets the legal requirements and seek out the most favorable financial settlement you can get.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages, which are designed to communicate a message and deter future negligent behavior. They can be awarded in cases that involve grave negligence or when there was malice on the part of the medical professional. They are not common in the case of birth injuries.

After identifying the defendants, the attorney must gather and analyze the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not meet standards of care. The legal team should also be able to prove the loss that was caused with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are usually calculated by estimation of the cost of a child's ongoing medical treatment, which includes long-term care facilities as well as other services. They could also consider losses in earnings if the injury led one or both parents to leave their jobs.

The legal team will then create a demand form that they can present to the malpractice lawyers. The document will explain the birth injuries, and their impact on the child and the family, and request compensation for the loss. The lawyers will negotiate until a settlement is reached with the medical providers. During this process, attorneys will exchange information about their cases with the other side through discovery, which involves taking depositions from witnesses who swear to their testimony under the oath.