Birth Injury Compensation

It can be devastating for your child if they suffer a birth injury due to negligence by a doctor. These injuries can require lifelong treatment and care. You'll be left with huge financial costs.

Additionally, many birth injuries cases require a complex argument over medical malpractice versus medical mistakes. Our lawyers can help you understand the differences.

Costs of Treatment

When determining how much to award for a birth injury, insurance companies attorneys and judges look at the severity of the injury and its impact 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 rise.

Medical treatment for birth injury can be very expensive. The compensation awarded for a birth injury claim injury can assist families in paying for these costs. Lawyers often collaborate with experts in putting together a "Life Care Plan" which calculates the lifetime cost of a child's injuries. These expenses include hospitalization, surgery, medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, as well personal accounts from relatives. These records will be used to prove that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have passed medical indemnity funds to offer financial aid to families of children who suffer from birth injuries. These funds take a percentage of malpractice insurance premiums. They also require hospitals and doctors to contribute to an account of resources. These programs can offer families financial support and help reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs may not always meet their aims and could be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic brain disease will have ongoing medical requirements. These requirements include physical therapy and equipment that is specialized, as well as home health treatment. These costs can be quite significant.

A life-care planning document is one that lists the future medical, education home, and other expenses a child with disabilities will have to pay for throughout his or her lifetime. These plans are often used to calculate the economic component of the damages awarded in a case of birth injury. They must be comprehensive and carefully designed to meet the strict evidentiary requirements for admissibility in the court.

Life-care experts can assist to develop these documents based on input and formal opinions from a disabled child's doctors as well as therapists and other caregivers. The plans also include a detailed narrative of the initial injury and diagnosis. They describe the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice lawyer must work with a life care planner to draft the most suitable plan for their clients' situation. The goal of the plan is to ensure that your child receives adequate compensation to cover the cost of all of his or her future expenses and medical care. The money is usually put into a special needs trust that is managed by a reputable administrator. Typically the amount given will be adjusted regularly to adjust to the changing needs of your child's requirements.

Pain and Suffering

In a birth injury claim-related injury case, damages are awarded for a plaintiff's past and future suffering and pain. This includes mental and physical distress from the injury, and also an inability to participate in activities normally enjoyed by other people.

You may also be able to recover lost earnings if the injury of a victim limits their options professionally or prohibits them from working all. Families can also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases are usually extremely high because juries are often compassionate towards victims and Birth Injury Compensation hold doctors responsible for their actions. Due to this, many doctors and hospitals 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 litigation. They will share documents during a process called discovery, which is the process of deposing witnesses to get statements under swearing. In many states, defendants are able to request to view the records of the plaintiff.

A successful birth injury lawsuit requires a skilled lawyer in these types of cases. An experienced attorney will review your case to determine if you have a valid lawsuit and will work to get the best settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages, which are intended to send a message and discourage future reckless behavior. They may be granted in cases of grave negligence or when there was intentional misconduct on the part the medical professional. They are rare in cases of birth injury legal injury.

Once the attorney has identified the appropriate defendants, they must gather and analyze evidence to support their assertions. They must prove that the injuries caused by medical professionals did not conform to the standards of care. The legal team also has to show evidence of the losses that are associated with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, which includes long-term facilities as well as other services. They can also include the loss of earnings if the injury has caused one or both parents to leave their jobs.

The legal team will create a demand form that they can present to the malpractice insurance companies. The document will outline the birth injury and its impact on the child's and family as well as request compensation to cover the costs of these loss. The lawyers will negotiate until a settlement is reached with the medical professionals. In this process, attorneys will discuss their cases with the opposing side through discovery, which involves taking depositions from witnesses who testify under the oath.