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Birth Injury Compensation
It can be devastating for your child if they suffer a birth injury due to the negligence of a doctor. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.
In addition, many birth injury cases are a complicated argument about medical malpractice versus medical mistakes. Our lawyers can help you understand the differences.
Costs of Treatment
Insurance companies, attorneys, and judges take into account the severity of the birth injury and the impact it affects the child's quality of life in determining the amount compensation to be awarded. For instance, if a child requires an ongoing medical procedure that will increase the value of an claim.
Medical treatment for birth injuries can be extremely expensive. The compensation for a birth injury can help families cover the costs. Lawyers and experts frequently collaborate to develop a "Life Care Plan" that calculates the costs of a child's injuries over a lifetime. These include hospitalization including surgical interventions, specialized medical treatment prescriptions, home renovations and equipment, and more.
Your legal team will collect medical records from the time of pregnancy and birth of your child, along with firsthand accounts from relatives. These documents will be used to prove that your child was injured due to medical malpractice, and to show the extent to which the injury occurred.
Many states have passed medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds collect a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to the pool of resources. In addition to providing financial support, these programs can also decrease the requirement for families to pursue a lawsuit. However, JLARC staff found that these programs may not always meet their aims and should be improved.
Life Care Planning
Children with conditions like hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will require medical treatment for the rest of their lives. These needs include physical therapies, specialized equipment, and home health care. In many cases, these costs can be quite substantial.
A life-care plan is a document that establishes the future medical education, home-based, and other expenses the child with disabilities will be liable for for the rest of his or her life. These plans are used to calculate the economic portion awarded in a case of birth injury. These plans must be thorough and carefully designed to meet the strict requirements of admissibility.
Life-care planning experts can help in the creation of these documents using information and formal opinions from the child's doctors caregivers, therapists, and doctors. The plans include a detailed account of the injury and its diagnosis. They explain the underlying causes of the impairment as well as the long-term effects.
A medical malpractice lawyer should collaborate with a life-care planner to develop the most suitable plan for their clients' situation. The plan's purpose is to ensure your child receives sufficient compensation to cover all future expenses and health care. The funds awarded are typically placed into a special needs trust that is managed by a reputable administrator. Typically, the amount of funds granted will be adjusted over time to meet the changing needs of your child's needs.
Suffering and Pain
In a case where birth injuries are involved, damages are awarded to compensate the plaintiff for past and future discomfort and pain. This includes physical and mental discomfort caused by the injury, as also the inability to participate in activities that others can participate in.
You may also recover earnings if the injury of a victim limits their options professionally or prevents them working at all. In addition, families may be compensated if required to assist in the care of the child who is injured.
Medical malpractice cases often receive extremely high verdicts, as juries tend to show compassion for victims and hold medical professionals accountable for their mistakes. Many doctors and hospitals settle rather than risk a trial that is expensive and stressful for all involved.
During the course of the lawsuit, lawyers for both sides will gather evidence to support their arguments. They will exchange documents during a process known as discovery, which includes deposing witnesses to obtain statements under the oath. The defendants may also request to see the plaintiff's medical records which is permitted in many states.
A successful birth injury lawsuit requires a lawyer who has experience in these types of cases. A knowledgeable attorney will examine your case to determine if you have a valid lawsuit and will help get the best settlement.
Punitive Damages
Some medical malpractice suits contain punitive damages awards, which are meant as a warning, and also to deter future negligence. They are granted in cases of serious negligence or where there was intentional misconduct on the part the doctor. They are not common in the case of birth injuries.
After identifying the defendants the attorney must collect and evaluate the evidence in support of the claim. They must prove that the injuries caused by the medical professionals were not up to a high standard of care. The legal team also has to provide evidence of the costs associated with these injuries, also known as "damages." The information could be of a financial or non-economic in nature.
The economic losses are usually calculated by taking into account the cost of the child's ongoing treatment, which may include long-term care facilities as well as other services. They may also include lost earnings if an injury has caused both parents to lose their job.
The legal team will then create a demand form for the malpractice insurers. The document will detail the birth injury, its effects on the child and their family as well as request compensation to cover the cost of these loss. The lawyers will negotiate with medical providers until they reach a settlement. During birth injury lawyer , lawyers will exchange information with other party regarding their case. This may include taking depositions of witnesses who swear to testify under oath.
