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Birth Injury Compensation

If your child suffers a birth injury resulting from the negligence of a doctor or wrongful act, it can be devastating. These injuries could require long-term treatment and care. You'll be left with enormous financial costs.

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

Costs of Treatment

When determining how much to pay for a birth injury lawyers from insurance companies and judges evaluate the severity of the injury and the impact it has on the child's life quality. For instance when a child needs extensive ongoing medical treatment which will raise the value of a claim.

Medical treatment for birth injury is often expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often collaborate to create an "Life Care Plan" which calculates the cost of a child's injury over the course of their lives. These include hospitalization and surgical procedures, as well as specialized medical treatment prescriptions, home renovations and equipment, and much more.

Your legal team will collect medical documents from the pregnancy and birth of your child, along with firsthand accounts from family members. These records will be used to show that your child was injured as a result of medical malpractice, and to show the extent of the injury.

Many states have passed medical indemnity funds in order to help families of children suffering from birth injuries. These funds may either take a portion from malpractice insurance premiums or require hospitals and doctors to contribute to the resource pool. These programs can provide families with financial aid and help reduce the necessity of filing a lawsuit. 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 like cerebral palsy and hypoxic-ischemic encephalopathy will face lifelong medical needs. These needs include physical therapies and equipment that is specialized, as well as home health care. These costs can be quite substantial.

A life-care plan document is an important document that outlines the future medical, education, home and other expenses that a child who has disabilities will have to pay for throughout his or her life. These plans are commonly used to calculate the financial portion of the damages awarded in a case involving a birth injury. They must be comprehensive and carefully drafted to meet the strict requirements of evidentiary for the admissibility of the plan in the court.

Life-care planners can assist to draft these documents with information and formal opinions from a disabled child's doctors or therapists as well as caregivers. The plans also include an in-depth description of the injury that caused it and its diagnosis. They also explain the root causes of the disability as well as its long-term consequences.

birth injury attorneys must collaborate with a health care planner to develop the most suitable plan for their clients' situation. The aim of the plan is to ensure that your child receives the proper compensation to cover all of his or her future medical and other expenses. The funds are usually put in a trust to cover special needs, which is managed by an authorized administrator. Typically, the amount of funds given will be adjusted regularly to accommodate changes in your child's requirements.

Pain and Suffering

In a case involving a birth injury, damages are awarded for the plaintiff's future and past suffering and pain. This includes physical and mental pain caused by the injury as and the inability to take part in activities that other people can do.

It is also possible to get compensation the loss of income if an individual's disability restricts their career options or prohibits the person from working at all. Families can also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases are typically very high as juries are often sensitive to the victims and hold doctors responsible for their errors. This is why many hospitals and doctors prefer to settle instead of undergoing an appeal, which can be costly and stressful for the parties involved.

During the trial attorneys from both sides will gather evidence to back their arguments. They will exchange documents in a process known as discovery, which involves deposing a witnesses to obtain their statements under oath. In many states, defendants are able to request access to the records of the plaintiff.

A successful birth injury lawsuit requires a lawyer with experience in these kinds of cases. A knowledgeable attorney will examine your case to determine whether you are entitled to a lawsuit and will help achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are designed to communicate a message and deter future negligent behavior. The damages can be awarded when there is a significant amount of malice or negligence on the part of the doctor. They are very rare in cases of birth injuries.

After identifying the defendants, the attorney must collect and evaluate the evidence in support of the claim. They must show that the injuries incurred by medical professionals did not meet a high level of care. The legal team also has to provide evidence of the damages resulting from these injuries, known as "damages." This information can be economic or non-economic in nature.





Economic losses are usually calculated by estimating the cost of the child's ongoing treatment, including long-term care facilities and other services. They can also include lost earnings if an injury caused one or both parents to lose their job.

The legal team will then create a demand form that they can present to the malpractice insurance companies. This document will describe the birth injury and its impact on the child and their family in order to seek compensation to cover the costs of these losses. The lawyers will negotiate until a settlement is reached with the medical providers. During this process, the lawyers will share information regarding their cases with the opposing side through discovery, which involves depositions of witnesses who testify under an oath.