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Birth Injury Compensation

Children with birth injuries deserve every resource they need to lead a full and fulfilling life. Settlements could provide them with the financial compensation they need to get these resources.

A petition may be filed by a personal representative, the guardians, parents or the next-of-kin to an injured child. Upon filing such a petition, a rebuttable assumption will arise that the injury alleged was a neurologic birth injury as defined in SS 38.2-5001.

Medical expenses

It can be very upsetting to discover that a child suffered a birth injury due to negligence in the medical field. In addition to the emotional trauma that can result in the aftermath, financial burdens can be significant. Parents are required to pay for urgent medical treatment, and they may have to pay for a lifetime on therapies and other treatments to help their injured child lead a comfortable life.

Your attorney will review the evidence to show that the health care provider made a mistake that directly caused your child's injuries. Then, he will calculate your child's estimated future expenses and include them in the demand for compensation. These are known as economic damages.





Besides paying for the medical bills of your child and other associated expenses In addition, you may be able to seek noneconomic damages to pay you and your family for the pain and suffering your child has endured. They are typically less quantifiable, but they could include a loss in quality of life or mental anguish, disfigurement and other losses that are intangible.

Many states have implemented medical indemnity programs to cover future medical and rehabilitation costs for those who have suffered serious birth injuries. These funds take a share of malpractice insurance premiums or require hospitals and doctors to contribute to the fund. For instance New York's Medical Indemnity Fund provides lifetime payments for children and adults with a brain injury from birth.

Suffering and pain

Giving your child lifelong medical care and treatment following the birth injury can be extremely expensive. Even minor injuries can become costly. You are entitled to compensation for the pain and suffering that can be caused by these injuries.

However serious the injuries of your child are, you should not speak to the hospital or insurance company without first consulting with an attorney. You might be able make your words against them, and they may try to reduce your compensation. It's important to consult an experienced lawyer for birth injuries before taking any other action.

Once you've consulted with an attorney, they will work to build a strong case for your child's injuries and for the damages they have sustained. This may include obtaining expert testimony to support your claim. They will also get swearing statements from the lawyers of the defendants and any other parties involved.

Once they have sufficient evidence, your lawyer will submit a demand package to the hospital and doctor responsible. The document will detail the circumstances of your child's injuries and how they were caused by medical negligence. The document will also contain the records and other documents that prove your claim. If the doctor does not accept your offer, your lawyer will file an action.

Future care costs

Birth injuries that are severe can result in costly long-term treatment, which impacts families financially. For example, a child who has cerebral palsy must receive lifelong therapy which will likely involve surgical procedures and home health care aids as well as therapy sessions, medication, doctors' visits and prescriptions. These expenses can rapidly add up and significantly impact the lives of families.

In birth injury lawyers will employ an expert to draft what's known as a "life care plan." This document provides estimates of future needs based on the victim's medical history and age. It also includes estimated annual cost projections for things like medication, therapy, doctor appointments and attendant care, future lost income, transportation and home improvements.

These damages are typically an important portion of a settlement or jury verdict in a birth injury lawsuit and they're intended to improve the victim's quality of life. However, some states limit damages that are not economic and this limitation could apply to birth injury lawsuits.

Many doctors, insurance companies and hospitals refuse to admit negligence or to pay for a birth defect. This is the reason that most lawyers will choose to pursue settlements instead of a trial verdict. An attorney will prepare an offer package and then send it to the medical experts involved in the matter along with a full explanation of the circumstances underlying your child's injuries. If the doctor or hospital refuses to comply with the terms of the agreement your attorney will file a suit.

Economic Damages

Birth injuries can be costly to treat and sufferers may require expensive treatment for a number of years or even their whole life. Economic damages for these cases can include future and past medical expenses, as the other costs associated with the care of the victim, such as mobility accommodations. They are typically estimated with help from a special expert witness.

Parents are also entitled to compensation for the emotional stress caused by the trauma and knowing that their child's medical malpractice could have been prevented. Certain states have laws which recognize the emotional trauma and provide non-economic compensation to victims.

Families need to remember that even though many birth injuries could result in severe and debilitating ailments however, children are generally capable of leading a full life when they have the right support. That's why it is so important that they have the financial resources necessary to give them the best chance at having a fulfilling and happy life.

An experienced lawyer can help families file a birth injury lawsuit against the doctor or hospital accountable for the child's injury. They will review the case in depth and gather additional evidence to support their argument that the medical professional failed to uphold a standard of medical care. They will then negotiate with the defendants in order to reach a settlement. If not, they'll plan to start a lawsuit.