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Birth Injury Compensation

If your child is suffering from a birth injury resulting from a doctor's negligence or wrongful action, it can be devastating. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.

In addition, many birth injury cases have a complex debate about medical errors versus malpractice. Our lawyers can help you learn the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the birth injury and the impact it has on the child's life when determining the amount compensation to be paid. If a child requires extensive medical treatment which continues for a long time, the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. Compensation for birth injury can assist families in paying for the costs. Lawyers and experts frequently collaborate to develop an "Life Care Plan" which calculates the cost of a child's injury over a lifetime. These expenses include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, among others.





Your legal team will gather medical records from your child's birth and pregnancy as well as firsthand accounts from relatives. They will be used to show that your child suffered an injury due to negligence by a medical professional, and to demonstrate the extent of the damage caused.

Many states have established medical indemnity funds, which provide financial aid to families of children who suffer birth injuries. These funds may either take some of the malpractice insurance premiums, or require doctors and hospital to contribute to an asset pool. In addition to providing monetary support, these programs can also help reduce the need for families to make a claim. JLARC staff however found that these programs did not always meet their goals, and could be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic ischemic encephalopathy are likely to have lifelong medical needs. This includes physical therapy, special equipment and home health care. The majority of the time, these costs can be quite substantial.

A life-care plan is a document that specifies the future medical education, home-based, and other expenses that disabled children are expected to pay for the rest of his or their life. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. These plans must be thorough and carefully drafted in order to meet the strict requirements of admissibility.

Experts in life-care planning can assist in the preparation of these documents using their input and the formal opinions of a child with disabilities' doctors or therapists as well as caregivers. The plans include a detailed description of the initial injury and the diagnosis. They describe the underlying cause of the disability and its long-term consequences.

A medical malpractice attorney must collaborate with a planner for life to develop the most effective strategy for their client's particular situation. The goal of the plan is to ensure that your child receives the proper compensation to cover the cost of all of their future medical expenses and care. The funds are usually placed into a special-needs trust which is administered by an approved administrator. The amount awarded is typically adjusted every few months to reflect changes in the future needs of your child.

Pain and Suffering

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

You can also recover lost income if a victim's injury restricts their career options or prohibits them from working all. Additionally, families could be compensated if they are required to provide care for the child who is injured.

Medical malpractice cases typically have very high verdicts because juries tend to show sympathy for victims and hold doctors accountable for their errors. This is why many hospitals and doctors choose to settle instead of undergoing a trial, which is expensive and stressful for all parties involved.

During the lawsuit, lawyers for both sides will collect evidence to justify their arguments. They will exchange documents during a process called discovery, which includes the deposition of witnesses to obtain statements under an oath. In most states, defendants can also request access to the records of the plaintiff.

A lawyer with experience in this kind of case is needed to make a successful claim for birth injury. An experienced attorney will review the circumstances of your case, determine if it is in line with the requirements for a lawsuit and work to secure the best settlement for your financial needs.

Punitive Damages

Certain medical malpractice lawsuits also contain punitive damages awards, which are intended to serve as a warning and to prevent future negligence. They are awarded in cases involving particularly serious negligence or where there was intentional misconduct on the part the doctor. They are uncommon in the case of birth injuries.

After identifying the defendants the attorney must collect and review the evidence to support the claim. They must prove that the injuries sustained by medical professionals were not at a high level of care. The legal team should also be able to prove the loss that was caused with the injuries, which are known as "damages." These damages could be economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, which includes long-term facilities as well as other services. They may also include lost earnings if an injury has caused both parents to lose their job.

The legal team will then prepare a demand letter that they can present to the malpractice insurance companies. The document will detail the birth injury and its impact on the child and family and request compensation to cover the costs associated with these loss. The lawyers will negotiate until a settlement is reached with the medical practitioners. During birth injury lawyer , lawyers will share information with the other party on their case. This may include taking depositions of witnesses who testify on oath.