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Birth Injury Compensation
It can be devastating If your child suffers a birth injury due to an error by a medical professional. These injuries could require long-term treatment and care. You'll be left with enormous financial costs.
Many birth injury cases also have a complicated debate about medical errors versus malpractice. Our lawyers can help discern the differences.
Costs of Treatment
Attorneys, insurance companies, and judges weigh the severity of the birth injury as well as the impact it can have on the child's life in determining the amount of compensation to be paid. For instance in the event that a child requires constant medical attention that will increase the value of the claim.
The medical treatment for birth injuries can be costly. Compensation awarded for a birth injury will help families pay for these expenses. Experts and lawyers often collaborate to develop an "Life Care Plan" which calculates the cost of a child's injury over the course of his or her life. These include hospitalization costs or surgical intervention, medical treatment prescriptions, home renovations and equipment, and much more.
Your legal team will collect medical records from the pregnancy as well as the birth of your child, in addition to firsthand reports from relatives. These records will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.
Many states have passed medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds either collect part of malpractice insurance premiums or require doctors and hospital to contribute to an asset pool. These programs can offer families financial support and decrease the necessity of filing a lawsuit. However, JLARC staff found that these programs do not always meet their objectives and could be improved.
Life Care Planning
Children with conditions like cerebral palsy and hypoxic-ischemic encephalopathy will face lifelong medical needs. This includes physical therapies and equipment that is specialized, as well as home health care. These expenses can be substantial.
A life-care plan is a document that establishes the future medical, educational, in-home and other expenses that disabled children will have to pay for the rest of his or his or her life. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. They must be comprehensive and carefully designed to meet the strict requirements of evidentiary for admission in the court.
Life-care planners can assist to create these documents in accordance with information and formal opinions from the child's doctors or therapists as well as caregivers. The plans include a comprehensive narrative about the initial injury and the diagnosis. They describe the underlying causes of the disability and the long-term consequences.
An attorney for medical malpractice should collaborate with a life-care planner to come up with the best plan for their client's needs. The aim of the plan is to ensure that your child receives sufficient compensation to cover the cost of all of his or her future medical and other expenses. The funds are usually placed into a special-needs trust which is administered by an approved administrator. The amount of money awarded is typically adjusted regularly to reflect the changing requirements of your child.
Pain and Suffering
In a birth-related injury case the damages awarded are for the plaintiff's past as well as future pain and suffering. This includes physical and mental discomfort caused by the injury as also the inability to take part in activities that other people can do.
You may also be able to recover lost income if an injury affects their work options or prohibits them from working all. Families could also be compensated for the care of an injured child.
The verdicts for medical malpractice cases tend to be extremely high because juries are often sympathetic to victims and hold doctors responsible for their errors. Many hospitals and doctors opt to settle rather than risk an expensive trial and stressful for all involved.
During the trial lawyers on both sides will gather evidence to justify their arguments. They will share documents in a process called discovery, which involves deposing witnesses to get their statements under the oath. In many states, defendants may also demand access to the plaintiff's records.
A lawyer with experience in this type of situation is required to submit a successful claim for birth injuries. A seasoned attorney will analyze the circumstances of your case, determine if it satisfies the requirements for a lawsuit and make sure you get the best financial settlement that is possible.
Punitive Damages
Some medical malpractice lawsuits include punitive damages. These are designed to convey a message and prevent future negligence. These damages can be awarded when there is a substantial amount of malice or negligence on the part of the doctor. However, they are rare in cases of birth injuries.
Once the attorney has identified the appropriate defendants, they need to collect and analyze evidence to support their assertions. They must demonstrate that the injuries caused by medical professionals were not at an acceptable standard of care. The legal team must also provide evidence of losses associated with the injuries, which are known as "damages." These damages could be economic or non-economic.
Economic losses are figured out by the estimation of ongoing treatment costs, including long-term facilities and other services. They may also include lost earnings if an injury caused both or one parent to lose their job.
The legal team will then create a demand form that they can present to the malpractice lawyers. The document will explain the birth injury and its effect on the child and their family in order to seek compensation to cover the expenses of these losses. The lawyers will negotiate with medical providers until they reach a settlement. During the discovery process, attorneys will share information with the other party on their case. This may include taking depositions of witnesses who testify on oath.
