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Birth Injury Compensation
If your child is suffering from a birth injury resulting from the negligence of a doctor or an unjust act, it can be devastating. These injuries can require ongoing treatment and care. You'll be faced with a huge financial burden.
Many birth injuries cases involve a tense debate about medical errors versus malpractice. Our attorneys can help you learn the distinctions.
Costs of Treatment
Attorneys, insurance companies and judges take into account the severity of the birth injury and the impact it has on the child's development when determining the amount compensation to be paid. If a child requires intensive medical treatment that continues in the future the value of the claim will rise.
Medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families pay for these expenses. Lawyers often work with experts in putting together a "Life Care Plan" which estimates the lifelong costs of a child's injury. These costs include hospitalization, surgeries, specialized medical treatments and prescriptions, home improvements and equipment, among others.
Your legal team will gather 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 as a result of medical malpractice and to demonstrate the extent to which the injury occurred.
Many states have enacted medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to a pool of resources. In addition to providing financial assistance, these programs may also help reduce the necessity for families to make a claim. JLARC staff discovered that these programs didn't always meet their goals, and could be improved.
Life Care Planning
Children who suffer from conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have lifelong medical needs. These include physical therapy, special equipment and home health. These expenses can be substantial.
A life-care planning document is an outline of the future medical, educational home, and other expenditures a child with disabilities will endure throughout their life. These plans are used to calculate the economic portion awarded in a case of birth injury. These plans must be thorough and carefully designed to comply with the strict requirements for admissibility.
Life-care planning experts can help to draft these documents using feedback and formal opinions from a disabled child's doctors, therapists and caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They also explain the root reason for the disability and its long-term consequences.
An attorney for medical malpractice should work with a life care planner to draft the best possible plan for their client's specific situation. The plan's goal is to ensure that your child receives adequate compensation to cover their future expenses and medical care. birth injury lawyer are usually put into a special needs trust managed by an approved administrator. Typically, the amount of funds granted will be adjusted over time to reflect the changing needs of your child's needs.
Pain and Suffering
In a birth injury lawsuit there are damages awarded for the plaintiff's future and past pain and suffering. This includes physical and mental pain caused by the injury, as well as the inability to take part in activities that others could be able to do.
It is also possible to recuperate for lost income if an individual's disability restricts their professional options or prevents them from working in any way. Families could also be compensated for the care and treatment of an injured child.
The verdicts in medical malpractice cases are usually very high as juries are often sensitive to the victims and hold doctors responsible for their actions. Many hospitals and doctors choose to settle instead of risking a trial that is expensive and stressful for all involved.
During the trial, lawyers for both sides will gather evidence to back their arguments. They will exchange documents in a process known as discovery, which involves deposing witnesses to get statements under the oath. In most states, defendants can request to view the records of the plaintiff.
A successful birth injury lawsuit requires an experienced lawyer in these types of cases. A seasoned attorney will analyze your case to determine whether you have a valid claim and will work to find the most effective settlement.
Punitive Damages
Certain medical malpractice lawsuits include punitive damages, that are intended as a warning, and also to deter future negligence. These damages can be awarded when there is a high degree of negligence or malice on the part of the doctor. They are not common in cases of birth injuries.
After identifying the defendants, the attorney must collect and examine the evidence to back the claim. They must show that the injuries caused by the medical professionals did not meet standards of care. The legal team must also be able to prove the loss that was caused with the injuries, also known as "damages." These damages could be economic or non-economic.
Economic losses are figured out by making estimates of ongoing treatment costs which includes long-term facilities as well as other services. They could also consider loss of earnings if the injury caused one or both parents to quit their jobs.
The legal team will create an offer package that they will present to the malpractice insurance providers. The document will explain the birth injuries and their effects on the child as well as the family, and request compensation for the loss. The attorneys will negotiate until a settlement is reached with medical professionals. During the discovery process, attorneys will exchange information with other party about their case. This includes taking depositions of witnesses who swear to testify under oath.
