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Birth Injury Compensation

It could be devastating when your child suffers birth injury due to a doctor's negligence. These injuries may require lifetime treatment and care. You'll be faced with enormous financial costs.

Many birth injuries cases have a complicated debate about medical malpractice versus medical errors. Our lawyers can assist you discern the differences.

Costs of Treatment

Insurance companies, attorneys, and judges look at the severity of the birth injury as well as the impact it affects the child's quality of life in determining the amount of compensation to be paid. For instance when a child needs constant medical attention, this will increase the value of an insurance claim.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could assist families with these costs. Lawyers often collaborate with experts to put together an "Life Care Plan" which estimates the lifelong cost of a child's injuries. These costs include hospitalization, surgeries, specialized medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will collect medical documents from the pregnancy and birth of your child, along with firsthand accounts from relatives. They will use these records to prove that your child sustained an injury due to negligence by a medical professional, and to demonstrate the extent of the damage caused.

Many states have medical indemnity funds which provide financial assistance to families of children with birth injuries. These funds take a percentage of the malpractice insurance premiums or require hospitals and doctors to contribute to the pool of resources. In addition to providing monetary assistance, these programs may also help reduce the requirement for families to pursue a lawsuit. JLARC staff however, discovered that these programs didn't always meet their goals, and could be improved.





Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic encephalopathy are likely to have lifelong medical needs. These include physical therapies and equipment that is specialized, as well as home health treatment. Often, these expenses can be very expensive.

A life-care plan is a legal document that defines the future medical education, in-home, and other costs disabled children will have to pay throughout his or their life. These plans are commonly used to calculate the economic portion of the damages awarded in a case involving a birth injury. These plans must be comprehensive and carefully drafted in order to comply with the strict requirements for admissibility.

Life-care planning experts can assist to draft these documents using information and formal opinions from the child's medical professionals as well as therapists and other caregivers. The plans contain a thorough account of the injury and its diagnosis. They also explain the root causes of the disability as well as its long-term consequences.

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 purpose is to ensure your child receives enough compensation to cover their future expenses and medical care. The money is usually put in a trust to cover special needs, and is overseen by an administrator approved by the trustee. Typically the amount given will be adjusted regularly to meet changes in your child's needs.

Suffering and Pain

In a birth injury lawsuit , damages are awarded for the plaintiff's future and past suffering and pain. This includes physical and mental discomfort caused by the injury and the inability to engage in activities that are enjoyed by others.

You can also recover lost income if an injury limits their options professionally or prevents them working at all. Families can also be compensated if needed to take care of the child who is injured.

Medical malpractice cases often receive very high verdicts, since juries tend to show compassion for the victims and hold doctors accountable for their mistakes. Many hospitals and doctors settle rather than risk a trial that is expensive and stressful for everyone involved.

Both sides will collect evidence to support their arguments during the litigation. They will exchange documents through a process known as discovery, which entails the deposition of witnesses to obtain statements under the oath. In many states, defendants may also request to view the records of the plaintiff.

An experienced lawyer who has handled this type of situation is required to submit an effective claim for birth injuries. A seasoned attorney will analyze the circumstances of your case, determine if it is in line with the specifications for a lawsuit and work to secure the best financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages. These are meant to communicate a message to prevent future negligence. They are awarded in instances of serious negligence or where there was negligence on the part of the medical professional. They are uncommon when it comes to birth injuries.

After identifying the defendants the attorney needs to gather and evaluate the evidence in support of the claim. They must demonstrate that the injuries sustained by medical professionals were not at the standard of care. The legal team must also be able to prove the loss that was caused with the injuries, referred to as "damages." These damages can be either economic or non-economic.

Economic losses are calculated by estimating ongoing treatment costs, which includes long-term facilities as well as other services. They could also consider loss of earnings if the injury has caused one or both parents to quit their jobs.

The legal team will create a demand form to be presented to the malpractice carriers. The document will outline the birth injury and its effect on the child's family and and request compensation to cover the costs associated with these loss. The attorneys will negotiate with medical professionals until the settlement is reached. During the discovery process, attorneys will share information with the other party regarding their case. This includes depositions of witnesses that take oath testimony.