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How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child is injured during the birth. The amount of compensation you receive is contingent upon a variety of factors.

The process of suing starts when your lawyer files a complaint against defendants. Both sides will engage in discovery, in which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses associated with birth injuries can be very different in relation to the severity the injury. For instance, broken bones may require surgery to repair and could result in the cost of physical therapy for a long time. Additionally, nerve damage caused by pressure from a manual or rough handling during birth can cause permanent limitation and pain. Your lawyer will assess your child's needs and estimate the costs of treatment over a lifetime to ensure that you get the right amount of compensation.

You will need to demonstrate that a healthcare professional was bound by a duty to you, that they violated that duty, and that this breach caused injuries to your child. This typically requires medical experts to look over the case and provide an opinion based on their experiences.

Based on the circumstances, you might be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, the medical assistants and the hospital which the birth occurred. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing a lawsuit.

Pain and suffering

A birth injury lawsuit could result in a compensation claim for emotional and physical injuries suffered by children. The amount of damages that a family receives is determined by the severity of the injury and the impact it has on the child's life.

To win a claim, parents must prove that a medical professional or a facility failed to act according to the standards of care. This means that a doctor or hospital's actions caused a medical injury. Both sides often hire medical experts to help determine the standards. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are costly, risky and lengthy. Settlements enable families to receive financial compensation faster and in a more amicable manner. Settlements also ensure that children's future needs are satisfied. This could include the expense of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In the event of a birth injury, punitive damages may be the most severe award that a jury could make. These damages are often granted to punish the perpetrator and prevent others from doing the same. The aim of these awards is to convince victims that their cases were taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. They can also make a claim for punitive damages, when they are appropriate. Punitive damages are given based on the defendant's conduct or a finding of moral immorality. They typically are four times the amount of other damages.

A lawyer can help you win you a significant amount of money to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma, as well as other damages that are not financial. Some states put caps on the amount of compensation a victim can receive. Virginia, for example, limits damages to the cost of healthcare up to the victim's tenth birthday. The other states have caps on suffering and pain as well as other damages.

Damages for non-economic damages

In many instances children's injuries cause ongoing medical treatment. This can include medical treatment therapies, as well as other costs. It may also include lost earnings if the injury affects the child's ability to work and make an income. This is known as loss of consortium.

Your lawyer will help you to calculate the full cost of your child's injuries as well as non-economic damage. They will collaborate with experts to develop an argument that shows how severely your child was harmed and the effect on their life. They will also use experts' testimony to prove that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. These documents are crucial to obtain as soon as you can if you suspect the possibility of a birth trauma. They can be lost, misplaced, or destroyed. Your attorney can help you in getting these documents as quickly as possible.

Compensation for economic damages





A birth injury can result in a variety of costs that are not immediately evident. These expenses include medical bills already paid as well as the projected costs of therapy to come and care at home or in a hospital and medication, adaptive equipment and travel to and away from doctor's and therapist's appointments.

Furthermore, a serious disability can limit an individual's ability to earn a living wage. This could also affect a family's finances. Parents may have to give up their jobs or cease working altogether to care for disabled children. This could lead to loss of wages.

Parents who are filing an injury claim in the birth should keep track of the costs and losses to determine the highest amount they can receive. When a judge or jury awards damages, it takes into account the victim's needs throughout their life. The more accurate the estimation of future medical expenses and losses, the greater the amount of compensation will be. Non-economic damages can also be awarded although they are harder to quantify. These include emotional suffering, distress loss of quality of life, and loss of consortium.