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How a Birth Injury Claim Works
You may be entitled to compensation if a medical professional is negligent and your child is injured during the birth. The amount of compensation you receive is contingent upon a variety of factors.
The process of bringing a lawsuit begins with your attorney filing an accusation against the defendants. Both sides will then go through discovery, where they trade evidence and documents that includes medical records.
Medical expenses
The medical costs associated with birth injuries can be very different in relation to the severity the injury. Broken bones, for example could require surgery as well as long-term therapy. Similar to that nerve damage caused by manual pressure or rough handling can lead to permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the cost of treatment over the course of a lifetime to ensure that you receive enough compensation.
You will have to prove that a healthcare professional was bound by an obligation to you, and that they violated that duty, and that this breach caused injuries to your child. This typically requires medical experts to analyze the situation and give an opinion based on their experience.
Based on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took. Your legal team will write to each of these individuals to inform them that a claim for medical malpractice has been filed. They may resolve the issue without filing a lawsuit.
Suffering and pain
A birth injury lawsuit may result in the payment of compensation for physical and emotional injuries suffered by children. The amount of damages a family receives is determined by the severity of the injury as well as the impact it has on the child's life.
Parents must prove that the medical professional or the facility did not operate in accordance with the standard of care to prevail in a claim. This means that a physician or hospital's actions or inactions led to the victim to suffer a medical injury. Medical experts are frequently consulted by both sides to help determine the standard. Specialists, such as obstetricians, are held to higher standards.
The majority of cases involving birth injuries settle, rather than go to trial. Trials are costly, risky and lengthy. Settlements allow families to receive financial compensation much sooner and in a less threatening process. Settlements also ensure that a child's future needs are satisfied. This could include the cost of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.
Punitive damages
In the case of birth injury, punitive damages can be the most severe verdict that a jury can make. They are often awarded to punish the offender and deter others from committing similar crimes. These awards are intended to convince victims that their cases were considered seriously.
A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. If they feel it is appropriate, they could also file a suit for punitive damage. Punitive damages are based on the defendant's behavior and a finding of moral turpitude. They typically amount to four times the other damages awarded.
A lawyer can help you obtain a substantial award for medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma and other losses that are not financial. Certain states set limits on the amount of compensation that a victim can receive. Virginia is an example. Virginia restricts damages to the cost of treatment, up to the victim reaches their 10th birthday. Other states have limitations on pain and suffering, as well as other types of damages.
Damages for non-economic damages
In a majority of cases children's injuries cause ongoing treatment. This can include medical treatment as well as therapies and other costs. This can include future lost wages if the injury interferes with the child's capacity to work and earn an income. This is referred to as loss of consortium.
Your lawyer will help you estimate the full cost of your child's injury as well as non-economic damage. They will work with expert witnesses to create a compelling case to show the extent of your child's injuries and their impact on their life. They will also rely on expert witness testimony to prove the doctor's violation of duty of care.
They may also ask for access to your child’s medical records. These are critical to your case. It is crucial to request these as soon as you suspect that there is a birth injury as they are frequently lost or lost. Or, they are destroyed. Your attorney can assist you to obtain these documents as fast as possible.
Damages for economic damages
A birth injury can result in a myriad of expenses that are not immediately apparent. These expenses can include medical bills already paid and also projected expenses for future therapy home care, institutional care, medications, adaptive equipment, as well as travel to and from therapist and doctor appointments.
A severe disability can limit an individual's ability to earn a living wage. This could have an impact on the financial health of families. Parents might have to take a break from their work or stop working altogether to take care of the child with disabilities. This can lead to lost wages.
Parents who file an injury claim in the birth must keep track of these costs and losses in order to determine the amount they can receive. When a judge or jury awards damages, they take into account a victim's lifelong requirements. The greater the amount is, the more precise the estimate is of future medical costs. Non-economic damages are difficult to put a price on however they are also awarded. These include emotional distress, suffering loss of quality of life, and loss of consortium.
