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Birth Injury Compensation

If your child has a birth injury because of negligence by a doctor or other wrongful act, it can be devastating. These injuries can require ongoing treatment and care. You'll be faced with huge financial costs.

Additionally, many birth injuries cases require a complicated argument about medical malpractice versus medical errors. Our lawyers can help learn the distinctions.





Costs of Treatment

Attorneys, insurance companies, and judges weigh the severity of the birth injury as well as the impact it has on the child's life in determining the amount of compensation to be awarded. For instance the child who suffers from a medical condition requires continuous medical treatment it will increase the value of the claim.

Medical treatment for birth injuries can be costly. The compensation awarded for a birth injury can help families pay for the costs. Lawyers often work with experts to put together an "Life Care Plan" which estimates the lifelong expenses incurred by a child's accident. These include hospitalization expenses and surgical procedures, as well as specialized medical treatment prescriptions, home improvements and equipment, and much more.

Your legal team will gather medical records from the pregnancy and birth of your child, as well firsthand reports from relatives. These documents will be used to show that your child was injured due to medical malpractice and to demonstrate the extent of the injury.

Many states have passed medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds take a percentage of malpractice insurance premiums or require hospitals and doctors to contribute to the pool of resources. These programs can help families with financial assistance and reduce the need to file a suit. JLARC staff however, discovered that these programs didn't always meet their objectives and should be improved.

Life Care Planning

Children with disorders such as cerebral palsy or hypoxic ischephalopathy will need medical care for the rest of their lives. This includes physical therapies, specialized equipment, and home health treatment. These expenses can be substantial.

A life-care plan is a legal document that defines the future medical, educational, in-home and other expenses that disabled children will have to pay throughout his or his or her life. These plans are typically used to determine the amount of damages in a birth injury case. They must be comprehensive and meticulously drafted to meet the strict requirements for evidence legal admissibility in court.

Experts in life-care planning can help develop these documents using input and the formal opinions of disabled children's doctors as well as therapists and caregivers. The plans include a detailed description of the initial injury and the diagnosis. They describe the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice lawyer should work with a life-care planner to create the most effective plan for their client's situation. The aim of the plan is to ensure your child receives sufficient compensation to cover all future expenses and health care. The money is usually placed into a special needs trust managed by an approved administrator. Typically the amount given will be adjusted regularly to adjust to changes in your child's future needs.

Suffering and Pain

In cases that involves birth injuries and damages are awarded to compensate the plaintiff for the past and future discomfort and pain. This includes mental and physical distress from the injury, and also an inability to engage in activities normally enjoyed by others.

It is also possible to recuperate for lost income if the victim's condition limits their career options or prevents them from working at all. Additionally, families could be compensated if they are required to help care for an injured child.

Medical malpractice cases typically have very high verdicts because juries tend to show empathy for the victims and hold doctors accountable for their errors. This is why many doctors and hospitals prefer to settle instead of risking the trial process, which is expensive and stressful for the parties involved.

During the litigation attorneys from both sides will collect evidence to support their arguments. They will exchange documents through a process known as discovery, which entails interviewing witnesses to obtain their statements under an oath. The defendants may also ask to look over the medical records of the plaintiff as it is legal in the majority of states.

A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. An experienced lawyer will examine the facts of your case, determine if it satisfies the specifications for a lawsuit and make sure you get the best financial settlement you can get.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, intended to serve as a warning and deter future negligence. They may be awarded in cases that involve grave negligence or when there was negligence on the part of the doctor. They are very rare in the case of birth injuries.

Once the attorney has identified the appropriate defendants, they need to gather and analyze evidence to back up their assertions. They must show that the injuries caused by medical professionals did't meet a high level of care. The legal team also has to provide evidence of the costs associated with these injuries, referred to as "damages." The information could be of a financial or non-economic in the sense that it is not a loss.

Economic losses are figured out by taking into account ongoing treatment costs which includes long-term facilities as well as other services. These may also include the loss of earnings if an injury has caused both parents to lose their job.

The legal team will prepare a demand package that they can present to the malpractice insurers. The document will explain the birth injury and the impact it has on the child's and family as well as request compensation to cover the costs of these loss. The attorneys will negotiate with medical providers until they reach a settlement. In this process, lawyers will share information about their cases with the other side through discovery, which entails taking depositions from witnesses who swear to their testimony under oath.