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How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child is injured at birth. The amount of compensation you receive is contingent upon a variety of factors.

The lawsuit process begins with your attorney filing an complaint against the defendants. Both sides will then go through discovery, in which they will exchange evidence and information, including medical records.

Medical expenses

The medical costs associated with a birth injury vary widely according to the severity of the injury. For instance, broken bones may require surgery for repair and may result in costly physical therapy over the long term. Also, nerve damage caused by manual pressure or rough handling during birth can result in permanent limitation and pain. Your lawyer will review your child's needs and estimate the cost for treatment over a lifetime to ensure that you receive enough compensation.





You will have to demonstrate that a healthcare professional was bound by obligations to you, and that they breached that obligation, and that the breach caused the injuries of your child. This usually requires medical experts to examine the case and offer an assessment based on their knowledge.

Depending on the circumstances, you could be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, the medical assistants and the hospital the birthing room. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file an action.

Pain and suffering

A birth injury lawsuit could result in a settlement for physical and emotional injuries sustained by a child. The amount of compensation a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

In order to win a case parents must show that a medical professional or a facility failed to perform their duties in accordance with the standard of care. It means that a physician or hospital's actions, or inactions, caused a medical injury. Both sides frequently employ medical experts to help define the acceptable standards. Specialists like obstetricians are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be costly, time-consuming and expensive. Settlements allow families to receive financial compensation sooner and in a less adversarial process. Settlements also ensure that a child's future needs are satisfied. This can include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In a case of birth injuries, punitive damages can be the most severe decision that a jury could make. They are often awarded to punish the wrongdoer and to deter others from doing similar offenses. These awards are also intended to make the victims feel like their case has been taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If they are deemed appropriate, they can also file a suit for punitive damage. Punitive damages are determined based on a defendant's actions or a determination of moral immorality. They typically amount to four times the amount of other damages given.

A lawyer can assist you to win a significant award to cover medical expenses for your child and other financial losses. They may also file a suit for emotional trauma and other damages that are not financial. Certain states set limits on the amount of compensation that a victim can receive. Virginia is an example. Virginia is able to limit damages to the cost of treatment until the victim reaches their 10th birthday. Other states have caps on pain and suffering and other damages.

Damages for non-economic damages

In a majority of cases, a child's injuries will cause lifetime medical treatment. This can include medical treatment and therapies, along with other costs. It may also include loss of earnings if the injury can hinder the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will assist you in calculating the cost of your child's injuries including non-economic damages. They will collaborate with expert witnesses to build a solid case to prove the severity of your child's injuries as well as their consequences on his or her life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They could also request access to the medical records of your child. These are vital to your case. It is essential to request these immediately if you suspect that there is a birth injury because they are often lost or lost, or destroyed. Your attorney can help you get these documents as quickly as is possible.

Damages for economic damage

A birth injury could result in a variety of costs that aren't immediately apparent. These include medical expenses already and the costs of therapy to come, in-home or institutional care and medication, adaptive equipment as well as travel to and from doctor's and therapist's appointments.

A serious disability may also hinder an person to earn a living. This could have a ripple affect on the financial health of families. Parents might be forced to take a break from their work or stop working altogether to care for a disabled child. This can lead to losing wages.

Parents who make a claim for birth injury should keep track of all costs and losses in order to determine their maximum potential award. If a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The higher the award, the more accurate the estimate of the future medical expenses. Non-economic damages can be difficult to quantify, but they can be awarded as well. These include emotional distress, suffering and loss of quality of life and loss of consortium.