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Birth Injury Compensation
It could be devastating if your child suffers a birth injury as a result of the negligence of a doctor. These injuries could require long-term treatment and treatment. The family will be left with a huge financial burden.
Additionally, a lot of birth injury cases involve an intricate debate over medical malpractice versus medical mistakes. Our lawyers can help understand the differences.
Costs of Treatment
In determining the amount to award for a birth injury attorneys from insurance companies and judges look at the severity of the injury and the impact it has on the child's life quality. If a child needs intensive medical treatment that continues throughout the course of time the value of the claim will increase.
Medical treatment for birth injuries can be costly. Compensation for birth injuries could aid families in covering these costs. Lawyers often work with experts to put together a "Life Care Plan" which calculates the life-time costs of a child's injury. These expenses include hospitalization, surgery, specialized medical treatments such as prescriptions, home repairs and equipment, among others.
Your legal team will gather medical documents from the pregnancy and birth of your child, as well as firsthand accounts from relatives. They will be used to prove that your child sustained an injury as a result of medical negligence and to demonstrate the extent of the harm caused.
Many states have enacted medical indemnity funds to offer financial aid to families of children suffering from birth injuries. These funds take a percentage of the malpractice insurance premiums or require doctors and hospitals to contribute to an account of resources. In addition to providing monetary support, these programs can also reduce the requirement for families to bring a lawsuit. JLARC staff however found that these programs did not always meet their goals, and should be improved.
Life Care Planning
Children who suffer from conditions such as cerebral palsy or hypoxic ischemic brain disease will have long-term medical needs. This includes physical therapy, special equipment and home health. These costs can often be significant.
A life-care plan is a document that outlines the future medical educational, in-home, and other expenses that a disabled child will incur throughout his or his or her life. These plans are typically used to calculate the financial portion of damages awarded in a case of birth injury. They should be comprehensive and meticulously drafted to meet the strict evidentiary requirements for the admissibility of the plan in the court.
Life-care planning experts can assist to develop these documents in accordance with information and formal opinions from the child's doctors caregivers, therapists, and doctors. The plans include a comprehensive narrative about the initial injury and its diagnosis. They explain the underlying causes of the disability as well as the long-term effects.
A medical malpractice attorney should work with a life care planner to create the most effective plan for their client's needs. The aim of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of his or her future expenses and medical care. The money is typically put into a trust for special needs, which is managed by an authorized administrator. The amount awarded is usually adjusted annually to reflect the changing needs of your child.
Pain and Suffering
In cases that involves birth injuries the damages awarded compensate the plaintiff for future and past pain and discomfort. This includes mental and physical suffering from the injury and also an inability to engage in activities normally enjoyed by others.
It is also possible to claim for the loss of income when a victim's disability limits their career options or prohibits the person from working at all. Families can also receive compensation for the care and treatment of an injured child.
Medical malpractice cases often receive very high verdicts, since juries are more likely to show compassion for victims and hold medical professionals accountable for errors. Many hospitals and doctors prefer to settle rather than risk an expensive trial and stressful for everyone involved.
Both sides will collect evidence to support their arguments during the trial. They will exchange documents during a process called discovery, which involves taking testimony from witnesses under the oath. In most states, defendants are able to ask to see the plaintiff's records.
A successful birth injury lawsuit requires a skilled lawyer in these kinds of cases. A seasoned attorney will analyze your case to determine if you have a valid claim and will work to find the most effective settlement.
Punitive Damages
Some medical malpractice suits contain punitive damages awards, which are meant as a stern warning to discourage future negligence. They are awarded in instances of grave negligence or when there was willful misconduct on the part the medical professional. They are uncommon 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 demonstrate that the injuries caused by medical professionals were not at the standard of care. The legal team also has to show the damages resulting from these injuries, also known as "damages." This information can be economic or non-economic in nature.
Economic losses are usually calculated by estimation of the cost of a child's ongoing care, which includes long-term care facilities as well as other services. They could also consider losses in earnings if the injury has caused one or both parents to leave their jobs.
The legal team will prepare a demand package that they will present to the malpractice insurance companies. The document will outline the birth injury and its effect on the child and their family and request compensation to cover the costs associated with these losses. The attorneys will negotiate with medical professionals until the settlement is reached. During this process, the attorneys will discuss their cases with the opposing side through discovery, which entails depositions of witnesses who are required to testify under the oath.
