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Birth Injury Compensation
It can be devastating If your child suffers a birth injury as a result of a doctor's negligence. These injuries can require lifelong treatment and treatment. You will be left with a huge financial burden.
Many birth injury cases have a complicated debate about medical errors versus malpractice. Our lawyers can help you understand the differences.
Costs of Treatment
In determining the amount to award for a birth injury the attorneys of insurance companies and judges look at the severity of the injury and its impact on the child's life quality. For instance, if a child requires an ongoing medical procedure, this will increase the value of an insurance claim.
Medical treatment for birth injuries can be extremely expensive. The compensation awarded for a birth injury can help families cover these costs. Lawyers often collaborate with experts to create an "Life Care Plan" which estimates the lifelong expenses incurred by a child's accident. These costs include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, etc.
Your legal team will collect medical records from the time of pregnancy and birth of your child, in addition to firsthand reports from relatives. They will use these records to prove that your child sustained an injury due to medical negligence and to demonstrate the extent of the harm caused.
Many states have passed medical indemnity funds to offer financial aid to families of children who suffer from birth injuries. These funds collect some of the malpractice insurance premiums, or require doctors and hospital to contribute to a resource pool. In addition to providing financial support, these programs can also reduce the requirement for families to make a claim. However, JLARC staff found that these programs don't always meet their objectives and could be improved.
Life Care Planning
Children with conditions like hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will require medical attention throughout their lives. This includes physical therapy, specialized equipment and home health care. In many cases, these expenses can be substantial.
A life-care planning plan is an outline of the future medical, educational home, and other expenditures a child with disabilities will endure throughout their lifetime. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. The plans must be precise and carefully drafted in order to satisfy the strict requirements of admissibility.
Experts in life-care planning may assist in the creation of these documents by utilizing the input and formal opinions from a child's doctors as well as therapists and caregivers. The plans include a detailed description of the initial injury and its diagnosis. They outline the root causes of the impairment 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 your child receives adequate compensation to cover all future expenses and health care. The funds are usually placed into a special-needs trust managed by an approved administrator. The amount of money awarded is typically adjusted regularly to reflect changes in the future requirements of your child.
Pain and Suffering
In a case involving a birth injury there are damages awarded for the plaintiff's past and future suffering and pain. This includes physical and mental distress from the injury, and the inability to participate in activities that are enjoyed by others.
You can also recover lost income if a victim's injury hinders their professional options or prohibits them from working all. In addition, families can be compensated if required to assist in the care of the child who is injured.
The verdicts for medical malpractice cases tend to be extremely high because juries tend to be sympathetic to victims and hold doctors responsible for their mistakes. This is why some hospitals and doctors prefer to settle instead of undergoing an appeal, which can be expensive and stressful for all parties involved.
During the litigation lawyers on both sides will gather evidence to support their arguments. They will exchange documents during a process called discovery, which is the process of interviewing witnesses to obtain their statements under the oath. The defendants may also request to look over the medical records of the plaintiff, which is legal in the majority of states.
A successful birth injury claim requires a skilled lawyer in these types of cases. An experienced attorney will review the circumstances of your case, determine if it meets the requirements for a lawsuit, and work to secure the best settlement for your financial needs.
Punitive Damages
Some medical malpractice lawsuits include punitive damages, which are designed to send a message and discourage any future negligent behavior. The award of these damages is made when there is a significant amount of malice or negligence on the part the doctor. They are uncommon in the case of birth injuries.
After identifying the defendants the attorney needs to gather and evaluate the evidence in support of the claim. They must show that the injuries caused by medical professionals did't meet the standards of care required. The legal team also has to show the financial losses resulting from the injuries, which is known as "damages." The information could be either economic or non-economic in the sense that it is not a loss.
Economic losses are typically calculated by taking into account the cost of the child's ongoing medical treatment, which includes long-term care facilities as well as other services. These may also include the loss of earnings if an injury caused both or one parent to lose their job.
The legal team will create a demand document to be presented to the malpractice insurance companies. The document will outline the birth injury, its effects on the child and family as well as request compensation to cover the costs of these loss. The lawyers will negotiate until a settlement has been reached with medical professionals. During the discovery process, lawyers will exchange information with the other party regarding their case. This includes taking depositions of witnesses who swear to testify under oath.
