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Birth Injury Compensation

It could be devastating if your child suffers a birth injury as a result of negligence by a doctor. These injuries typically require lifetime treatment and care, leaving you with enormous financial costs.

Many birth injuries cases involve a tense debate about medical malpractice versus medical errors. Our attorneys can explain 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 in determining the amount of compensation to be paid. For instance, if a child requires extensive ongoing medical treatment it will increase the value of an insurance claim.

The medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families cover the costs. Lawyers often work with experts to create an "Life Care Plan" which calculates the lifetime costs of a child's injury. These costs include hospitalization, surgery, specialized medical treatments such as prescriptions, home repairs and equipment, etc.





Your legal team will gather medical records from the pregnancy and birth of your child, along with firsthand accounts from family members. These documents will be used to prove that your child was injured as a result of medical malpractice and to demonstrate the extent of the injury.

Many states have established medical indemnity fund that provides financial assistance to families of children with birth injuries. These funds may either take the portion of malpractice insurance premiums or require hospitals and doctors to contribute to an asset pool. In addition to providing financial support, these programs can also decrease the need for families to file a lawsuit. However, JLARC staff found that these programs don't always meet their aims and need to be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have ongoing medical requirements. These needs include physical therapies, specialized equipment, and home health treatment. The costs for these can be substantial.

A life-care plan is a document that establishes the future medical, educational, in-home and other expenses disabled children are expected to pay for the rest of his or their life. These plans are used to calculate the economic portion awarded in a case of birth injury. They should be comprehensive and carefully drafted to satisfy the strict requirements of evidentiary for legal admissibility in court.

Experts in life-care planning may assist in the development of these documents based on the information and the opinions of disabled children's doctors or therapists as well as caregivers. The plans also include an extensive description of the injury's initial diagnosis. They explain the underlying causes of the disability and their long-term consequences.

A medical malpractice lawyer should collaborate with a planner for life to create the most effective plan for their client's specific situation. The aim of the plan is to ensure your child is compensated enough to cover all future expenses and care. The funds awarded are typically placed in a special needs trust which is administered by an approved administrator. The amount awarded is typically adjusted regularly to reflect the changing needs of your child.

Suffering and Pain

In cases which involves birth injuries the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes mental and physical discomfort caused by the injury and also an inability to participate in activities enjoyed by other people.

It is also possible to claim for the loss of income when the disability of a victim limits their options for employment or stops the person from working at all. Additionally, families could be compensated if they are required to assist in the care of an injured child.

The verdicts in medical malpractice cases are often very high, as juries are often compassionate towards patients and hold doctors accountable for their errors. Due to this, some hospitals and doctors prefer to settle instead of risking the trial process, which is expensive and stressful for all parties involved.

Both sides will gather evidence to prove their arguments in the course of trial. They will share documents through a process known as discovery, which is the process of deposing witnesses to get statements under the oath. The defendants may also request to see the plaintiff's medical records and are legal in all states.

A successful birth injury claim requires a lawyer with experience in these types of cases. An experienced lawyer will evaluate your case to determine if you have a valid lawsuit and will work to find the most effective settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages. These are intended to convey a message and prevent future negligence. The damages can be awarded when there is a high degree of negligence or malice on the part the doctor. They are very rare when it comes to birth injuries.

After the attorney identifies the appropriate defendants, they have to find and analyze evidence to support their claims. They must establish that the injuries sustained by medical professionals did not comply with the standard of care. The legal team must also be able to show the damages resulting from these injuries, known as "damages." The information can be economic or non-economic in nature.

The economic losses are usually calculated by estimating the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They can also include the loss of earnings if the injury led one or both parents to quit their jobs.

The legal team will prepare an offer package that they will give to malpractice insurance providers. This document will detail the birth injuries and their effect on the child as well as the family, and ask for compensation for the losses. The lawyers will negotiate with the medical providers until an agreement is reached. During the discovery process, attorneys will exchange information with other party about their case. This includes depositions of witnesses who are required to testify under oath.