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Birth Injury Compensation
If your child is suffering from a birth injury because of a doctor's negligence or wrongful act, it can be devastating. These injuries usually require lifelong treatment and care, leaving you with enormous financial costs.
Many birth injury cases require a lengthy debate on medical errors versus malpractice. Our lawyers can help you discern the differences.
Costs of Treatment
When determining how much to give for a birth injury the attorneys of insurance companies and judges look at the extent of the injury and the impact it has on the child's life quality. For instance the child who suffers from a medical condition requires constant medical attention that will increase the value of the claim.
The medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families cover these costs. Lawyers often collaborate with experts to create an "Life Care Plan" which estimates the lifelong cost of a child's injuries. These costs include hospitalization, surgery, specialized medical treatments, prescriptions, home improvements and equipment, etc.
Your legal team will collect medical records from your child's birth as well as pregnancy as well as personal stories from family members. These documents will be used to prove that your child was injured due to medical malpractice, and to show the extent to which the injury occurred.
Many states have passed medical indemnity funds to help families of children who suffer from birth injuries. These funds may either take a portion from malpractice insurance premiums, or require doctors and hospital to contribute to a resource pool. These programs can provide families with financial support and reduce the need to file a lawsuit. However, JLARC staff found that the programs don't always meet their goals and could be improved.
Life Care Planning
Children with conditions such as hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will need medical care for the rest of their lives. These needs include physical therapies and equipment that is specialized, as well as home health treatment. These costs can often be significant.
A life-care plan is a document that establishes the future medical educational, in-home, and other expenses that disabled children are expected to pay throughout his or her life. These plans are used to calculate the economic amount that is awarded in the event of birth injury. They should be comprehensive and carefully drafted to satisfy the strict requirements of evidence for legal admissibility in the court.
Life-care experts can help develop these documents using input and formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans include a comprehensive account of the injury and the diagnosis. They also explain the root causes of the disability as well as its long-term consequences.
A medical malpractice lawyer should work with a life planner to develop the most suitable plan for their clients' situation. The aim of the plan is to ensure your child receives enough compensation to cover all of their future expenses and health care. The money is usually placed into a trust for children with special requirements, which is managed by an approved administrator. The amount of money given is usually adjusted periodically to reflect changes in the future requirements of your child.
Pain and Suffering
In a birth-related injury case there are damages awarded for the plaintiff's future and past suffering and pain. This includes physical and mental suffering 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 when a victim's injury affects their work options or prohibits them from working all. Families could also be compensated for the care and treatment of an injured child.
Medical malpractice cases typically have very high verdicts because juries are more likely to show compassion for the victims and hold doctors accountable for errors. This is why some hospitals and doctors prefer to settle instead of taking on the possibility of a trial, which is costly and stressful for the parties involved.
Both sides will gather evidence to support their arguments in the course of trial. They will share documents during a process called discovery, which involves deposing witnesses to get statements under the oath. In most states, defendants are able to request to view the plaintiff's records.
A successful birth injury lawsuit requires a skilled lawyer in these types of cases. An experienced lawyer will examine the facts of your case to determine if the case meets the requirements for a lawsuit, and work to secure the best settlement for your financial needs.
Punitive Damages
Some medical malpractice lawsuits contain punitive damages. These are meant to communicate a message and deter future negligent behavior. They may be awarded in cases that involve grave negligence or when there was intentional misconduct on the part the medical professional. They are very rare when it comes to birth injuries.
After identifying the defendants, the attorney must collect and analyze the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not meet an acceptable standard of care. The legal team must also be able to provide evidence of the financial losses resulting from these injuries, also known as "damages." The information could be of a financial or non-economic in the sense that it is not a loss.
Economic losses are typically calculated by taking into account the cost of the child's ongoing care, which includes long-term care facilities and other services. They may also factor in losses in earnings if the accident caused one or both parents to quit their jobs.
The legal team will then create a demand document that they can present to the malpractice insurers. The document will explain the birth injuries and their effect on the child as well as the family, and request compensation for the losses. The lawyers will negotiate with the medical professionals until they reach a settlement. During the discovery process, lawyers will exchange information with the other party about their case. This includes depositions of witnesses who are required to testify under oath.
