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Birth Injury Compensation
If your child suffers birth injury resulting from the negligence of a doctor or an unjust action, it can be devastating. These injuries can require lifelong treatment and care. The family will be left with massive financial burdens.
Additionally, a lot of birth injuries cases require a complex argument over medical malpractice versus medical mistakes. Our lawyers can explain the differences.
Costs of Treatment
When determining how much to give for a birth injury the attorneys of insurance companies and judges look at the extent of the injury and the impact it has on the child's life quality. If a child requires extensive medical treatment that continues throughout the course of time, the value of the claim will increase.
Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families cover these costs. Lawyers often work with experts to put together a "Life Care Plan" which estimates the lifelong cost of a child's injuries. These include hospitalization costs and surgical procedures, as well as specialized medical treatment and prescriptions, home improvement projects and other equipment, and many more.
Your legal team will collect medical documents from your child's birth as well as pregnancy as well as personal accounts from family members. These will be used to demonstrate that your child suffered an injury due to negligence on the part of a medical professional and to prove the extent of the harm caused.
Many states have passed medical indemnity funds to provide financial assistance to families of children who suffer from birth injuries. These funds pay a portion of malpractice insurance premiums or require doctors and hospitals to contribute to a pool of resources. These programs can help families with financial assistance and decrease the need to file a suit. However, JLARC staff found that these programs may not always meet their goals and need to be improved.
Life Care Planning
Children who suffer from disorders such as cerebral palsy or hypoxic-ischemic encephalopathy will face lifelong medical needs. This includes physical therapy, special equipment and home health. The majority of the time, these expenses can be very expensive.
A life-care plan is a document that specifies the future medical, educational, in-home and other expenses a disabled child will incur for the rest of his or his or her life. These plans are used to calculate the financial portion awarded in a case of birth injury. They must be comprehensive and carefully designed to meet the strict requirements of evidence for admission in court.
Life-care planners can assist to develop these documents using the input and opinions of the child's doctor as well as therapists and other caregivers. The plans include a detailed account of the injury and its diagnosis. They describe the underlying reason for the disability and its long-term consequences.
A medical malpractice attorney must collaborate with a planner for life to draft the best possible plan for their client's situation. The aim of the plan is to ensure that your child receives enough compensation to cover their future expenses and health care. The money is usually placed into a special needs trust that is managed by a reputable administrator. Typically the amount awarded will be adjusted periodically to reflect any changes in your child's needs.
Suffering and Pain
In a case involving a birth injury the damages awarded are for the plaintiff's past as well as future pain and suffering. This includes physical and mental discomfort caused by the injury, as also the inability to take part in activities that others can do.
It is also possible to get compensation for the loss of income when the victim's condition limits their career options or prohibits them from working at all. Families can also be compensated to help care for an injured child.
Medical malpractice claims often have very high verdicts because juries tend to show empathy for victims and hold doctors accountable for their errors. Because of this, some hospitals and doctors prefer to settle instead of undergoing a trial, which is costly and stressful for the parties involved.
Both sides will collect evidence to support their arguments in the course of trial. They will share documents in a process called discovery, which includes deposing witness to get statements under an oath. In many states, defendants can also ask to see the plaintiff's records.
A successful birth injury lawsuit requires a lawyer with experience in these types of cases. An experienced attorney will go over the facts of your case, determine if it meets the requirements for a lawsuit, and work to secure the best financial settlement possible.
Punitive Damages
Certain medical malpractice lawsuits also include punitive damages, intended as a warning, and also to discourage future negligence. They may be awarded in cases that involve grave negligence or when there was intentional misconduct on the part the medical professional. They are not common in the case of birth injuries.
After the attorney has identified proper defendants, they must gather and analyze evidence to back up their assertions. They must demonstrate that the injuries caused by medical professionals were not at an acceptable standard of care. The legal team must be able to prove the loss that was caused with the injuries, which are known as "damages." These damages could be economic or non-economic.
Economic losses are figured out by estimating ongoing treatment costs, which includes long-term facilities as well as other services. They could also consider loss of earnings in the event that the injury caused one or both parents to leave their jobs.
The legal team will prepare an offer package that they will give to malpractice insurance providers. The document will explain the birth injury and the impact it has on the child and their family as well as request compensation to cover the expenses of these loss. The attorneys will negotiate with medical providers until an agreement is reached. During this process, lawyers will share information about their cases with the opposing side through discovery, which entails depositions of witnesses who swear to their testimony under oath.
