How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injury in the course of birth. The amount you receive will depend on a number of factors.

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will participate in discovery, where they will exchange information and evidence, which could include medical records.

Medical expenses

Medical costs associated with a birth injury can vary in a significant way based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Additionally, nerve damage caused by manual pressure or rough handling during the delivery can cause long-term discomfort and even limitations. Your lawyer will analyze your child's needs and estimate the cost of treatment over the course of a lifetime to ensure you get the right amount of compensation.

You will have to show that the healthcare professional was owed an obligation, that they breached this duty and that their breach caused the injury to your child. This typically requires medical experts to look over the situation and give an opinion based on their own experience.

Based on the circumstances, you could be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your baby, the staff members and the hospital in the birthing room. Your legal team will write to each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in a compensation claim for physical and emotional injuries suffered by children. The amount of compensation families receive is determined by the severity of the injury and the effects on a child's daily life.

In order to win a case parents must show that the medical professional or facility was not acting in accordance with the standards of care. This means that the doctor or hospital acted with a lack of ability or judgement in an instance in which their actions or inactions caused a medical injury. Both sides often hire medical experts to help determine the acceptable standards. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials are costly, risky and lengthy. Settlements allow families to receive financial compensation much sooner and in a less adversarial process. Settlements ensure that future needs of a child are taken care of. This could include the costs of a disability van, home modifications and specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in a birth injury case. These damages are usually given to deter the perpetrator and prevent others from making similar mistakes. The purpose of these awards is to convince victims that their case was taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. They can also bring a lawsuit for punitive damages in the event that they are appropriate. Punitive damages are determined by the conduct of the defendant and a finding of moral wrongdoing. They usually amount to four times the amount of other damages granted.

A lawyer can help win you a significant sum to cover your child's medical costs and other financial losses. They can also file a suit to recover emotional trauma as well as other non-financial damages. Some states have caps on the amount of compensation that victims can receive. Virginia, for instance, is able to limit damages to the cost of treatment up to the victim's 10th birthday. Other states limit damages for pain and suffering and other types of damages.

Damages for noneconomic damages

In many cases, the injuries of a child will require lifetime treatment. This includes medical treatment as well as therapies and other expenses. It could also include future lost earnings if the injury can hinder the child's ability to work and make a living. This is known as loss consortium.

Your lawyer will help you estimate the full cost of your child's injury, including non-economic damages. They will work with experts to create a case to show the extent to which your child was injured and the impact on their life. They will also make use of expert witnesses to prove that the doctor's breach of duty of care.

They could also ask for access to your child's medical records. These are critical to your case. It is crucial to request these whenever you suspect a birth injury since they are frequently lost or lost. Or, they are destroyed. Your attorney can help you obtain these documents as fast as is possible.

Economic damages - Damages

A birth injury attorney injury can cause a range of costs that are not immediately obvious. These expenses include medical expenses already and the costs for future therapy such as in-home or institutional treatment medications, adaptive equipment as well as travel to and from doctor's and therapist's appointments.

A severe disability can hinder an person to earn a living. This could also impact the finances of families. Parents might have to quit their jobs or cease working altogether to care for the child with disabilities. This can lead to losing earnings.

Parents who file a birth injury claim must keep track of all costs and losses in order to determine the maximum amount they could be awarded. When a judge or jury gives damages, they take into account the victim's needs throughout their life. The more precise the estimation of future medical expenses and losses, the higher the amount of compensation will be. In addition, non-economic damages can be awarded, even though they are more difficult to quantify. These include emotional suffering, distress loss of quality of life and loss of consortium.