Birth Injury Compensation

If your child is suffering from a birth injury attorneys injury as a result of the negligence of a doctor or wrongful action, it can be devastating. These injuries often require lifetime treatment and care, leaving you with huge financial burdens.

A lot of birth injury cases require a lengthy debate on medical malpractice versus medical errors. Our lawyers can explain the differences.

Costs of Treatment

In determining the amount to pay for a birth injury lawyer injury attorneys from insurance companies and judges look at the extent of the injury and the impact it has on the child's quality of life. If a child needs extensive medical treatment that continues in the future the value of the claim will rise.

Medical treatment for birth injuries can be costly. The compensation for a birth injury can help families cover these expenses. Lawyers often work with experts in putting together an "Life Care Plan" which calculates the life-time expenses incurred by a child's accident. This includes hospitalization costs, surgical intervention, specialized medical treatment prescriptions, home renovations and equipment, and much more.

Your legal team will collect medical documents from the pregnancy and birth injury lawyers of your child, in addition to firsthand accounts from family members. These records will be used to show that your child was injured as a result of medical malpractice, and also to prove the extent to which the injury occurred.

Many states have medical indemnity funds, which provide financial aid to families with children with birth injuries. These funds pay a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to the pool of resources. These programs can provide families with financial aid and reduce the need to file a lawsuit. However, JLARC staff found that the programs don't always meet their aims and need to be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic brain disease will have ongoing medical requirements. These needs include physical therapy, special equipment, and home health. These costs can be quite substantial.

A life-care plan is a document that specifies the future medical education, in-home, and other costs the child with disabilities will be liable for for the rest of his or his or her life. These plans are frequently utilized to calculate the amount of the damages awarded in a birth injury case. These plans must be thorough and birth injury case carefully drafted in order to meet the strict requirements of admissibility.

Experts in planning for life can help develop these documents using information and the opinions of disabled children's doctors as well as therapists and caregivers. The plans contain a thorough account of the injury and the diagnosis. They explain the underlying cause of the disability and its long-term effects.

A medical malpractice lawyer should collaborate with a health care planner to draft the most suitable plan for their clients' situation. The aim of the plan is to ensure your child receives enough compensation to cover all of their future expenses and medical care. The funds awarded are typically put into a special needs trust, which is overseen by a licensed administrator. Typically the amount given will be adjusted regularly to accommodate changes in your child's needs.

Suffering and Pain

In cases involving birth injuries the damages awarded compensate the plaintiff for the past and future discomfort and pain. This includes physical and mental discomfort caused by the injury, as and the inability to participate in activities that others can do.

You may also be able to recover lost earnings if the injury of a victim hinders their professional options or stops them from working at all. Families can also be compensated if required to help care for the child who is injured.

The verdicts in medical malpractice cases are often extremely high, since juries are often sensitive to the victims and hold doctors responsible for their actions. Many doctors and hospitals choose to settle instead of risking an expensive trial and difficult for all parties involved.

During the litigation attorneys from both sides will collect evidence to support their arguments. They will share documents in the process known as discovery, which involves deposing witnesses to get their statements under an oath. In many states, defendants can demand access to the records of the plaintiff.

A lawyer with experience in this type of situation is required to submit an effective claim for birth injuries. A seasoned attorney will analyze the circumstances of your case, determine if it satisfies the specifications for a lawsuit and make sure you get the best financial settlement possible.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages, which are designed to send a message and discourage future reckless behavior. These damages can be awarded when there is a significant amount of malice or negligence on the part the doctor. However, they are rare in birth injury legal injury cases.

After identifying the defendants, the attorney must collect and evaluate the evidence in support of the claim. They must show that the injuries caused by medical professionals did not meet a high standard of care. The legal team also needs to show the damages resulting from these injuries, known as "damages." The information can be economic or non-economic in the sense that it is not a loss.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing care, which includes long-term care facilities as well as other services. It is also possible to include the loss of earnings if the injury led one or both parents to leave their jobs.

The legal team will create the demand package which they will give to malpractice insurance companies. The document will detail the birth injury and its impact on the child's and family as well as request compensation to pay the cost of these loss. The lawyers will negotiate until a settlement has been reached with the medical professionals. During the discovery process, lawyers will exchange information with the other party on their case. This may include depositions of witnesses that take oath testimony.