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Birth Injury Compensation

It could be devastating for your child if they suffer a birth injury due to an error by a medical professional. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.

Additionally, many birth injury cases have a complicated argument about medical malpractice versus medical mistakes. Our lawyers can clarify the differences.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury and the impact it has on the child's life in determining the amount of compensation to be awarded. If a child needs extensive medical treatment that continues in the future, the value of the claim will rise.

Medical treatment for birth injuries is often expensive. Compensation for birth injuries can aid families in covering these costs. Lawyers and experts often collaborate to create a "Life Care Plan" which calculates the cost of a child’s injury over the course of his or her life. These include hospitalization or surgical intervention, medical treatment, prescriptions, home renovations and equipment, and much more.





Your legal team will gather medical documents from your child's birth and pregnancy and also firsthand accounts from family members. These will be used to prove that your child sustained an injury as a result of medical negligence and to demonstrate the extent of the damage caused.

Many states have established medical indemnity fund that provides financial aid to families with children who suffer birth injuries. These funds take a percentage of malpractice insurance premiums, or require hospitals and doctors to contribute to an account of resources. These programs can offer families financial support and help reduce the need to file a lawsuit. However, JLARC staff found that the programs don't always achieve their goals and should be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic-ischemic encephalopathy will face permanent medical requirements. This includes physical therapies, specialized equipment, and home health treatment. The costs for these can be significant.

A life-care planning document a document which outlines the future medical, education home, and other costs children with disabilities will endure throughout their lifetime. These plans are commonly used to calculate the amount of damages awarded in a case involving a birth injury. They should be comprehensive and carefully drafted to meet the strict requirements of evidentiary for the admissibility of the plan in court.

Experts in life-care planning can help develop these documents using input and the formal opinions from a child's doctors as well as therapists and caregivers. The plans also include an in-depth description of the injury's initial diagnosis. They describe the underlying reason for the disability and its long-term effects.

A medical malpractice lawyer must collaborate with a health care planner to develop the most appropriate plan for their client's situation. The plan's goal is to ensure that your child receives enough compensation to cover all of their future expenses and care. The money awarded is typically placed in a special needs trust, which is overseen by a licensed administrator. The amount of money awarded is typically adjusted regularly to reflect the changing requirements of your child.

Pain and Suffering

In a case that involves birth injuries, damages are awarded to compensate the plaintiff for the past and future pain and discomfort. This includes physical and mental pain caused by the injury, as well as the inability of the plaintiff to take part in activities that others can do.

You may also be able to recover lost income when a victim's injury hinders their professional options or prohibits them from working all. In addition, families can be compensated if required to provide care for an injured child.

Medical malpractice cases typically have very high verdicts, since juries tend to show sympathy for the victims and hold doctors accountable for their errors. Due to this, many doctors and hospitals prefer to settle instead of undergoing an appeal, which can be costly and stressful for the parties involved.

During the trial, lawyers for both sides will collect evidence to back their arguments. They will share documents in the course of discovery, which includes taking testimony from witnesses under swearing. The defendants could also ask to review the medical records of the plaintiff, which is legal in the majority of states.

A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. A seasoned attorney will analyze your case to determine whether you have a valid lawsuit and will work to find the most effective settlement.

Punitive Damages

Some medical malpractice suits include punitive damage awards which are meant as a warning, and also to deter future negligence. They may be granted in cases of grave negligence or when there was intentional misconduct on the part the medical professional. birth injury attorneys are uncommon in the case of birth injuries.

After identifying the defendants, the attorney must gather and evaluate the evidence in support of the claim. They must demonstrate that the injuries caused by medical professionals did not meet standards of care. The legal team should also prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are usually calculated by estimating the cost of the child's ongoing care, which includes long-term care facilities as well as other services. These may also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will prepare the demand package which they will give to malpractice insurance providers. This document will detail the birth injuries and their effects on the child and the family, and ask for compensation for these losses. The lawyers will negotiate with medical professionals until the settlement is reached. During this negotiation, the lawyers will share information about their cases with the opposing side through discovery, which includes taking depositions from witnesses who testify under an oath.