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How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you could be entitled to compensation. The amount you receive is contingent on a variety of variables.

The process of bringing a lawsuit begins by your attorney submitting an accusation against the defendants. Both sides will then participate in discovery where they will exchange evidence and other information that includes medical records.

Medical expenses

Medical expenses related to a birth injury can vary greatly depending on the nature of the injuries your child sustains. For instance broken bones can require surgery to repair and may result in costly physical therapy over the long term. Similarly, nerve damage caused by manual pressure or rough handling during the delivery could cause chronic limitation and pain. Your lawyer will assess the needs of your child and estimate the costs for treatment over a lifetime to ensure that you are compensated in a sufficient amount.

You must establish that the healthcare professional was owed obligations, and that they breached this duty and that their breach resulted in your child's injuries. It is generally necessary to have medical experts look over the case and offer their opinions basing on their previous experience.

Depending on the circumstances you might be able to identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth injury law firm to your child, the medical assistants and the hospital which the birth occurred. Your legal team will send letters to all of these parties informing them that a claim for medical malpractice has been made and that they have the chance to settle the issue prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit may result in a settlement for physical and emotional injuries that a child suffers. The amount of damages families receive is determined by the severity of the injuries as well as the impact on a child's life.

Parents must show that the medical professional or the facility was not in compliance with the standard of care to prevail in an award. This means that the doctor or hospital acted with a lack of expertise or judgment in a situation in which their action or inaction caused an injury to a patient. Medical experts are often engaged by both sides to help define this standard. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials are costly, risky and time-consuming. Settlements allow families to receive financial compensation sooner and in a less threatening process. Settlements also ensure that a child's future needs are met. This could include the cost of a disability van, home modifications and specialized equipment, as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards juries can award in a birth injury case. They are usually awarded to punish the offender and discourage others from committing similar offenses. These awards are also designed to make victims feel their case has been taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, which includes non-economic damages. They may also bring a lawsuit for punitive damages, if they are appropriate. Punitive damages are determined by the defendant's conduct and the conclusion of moral turpitude. They typically amount to four times the amount of other damages.

A lawyer can help you obtain a substantial award for your child's medical expenses and other financial losses. They can also file lawsuits for emotional trauma and other losses that are not financial. Certain states limit the amount of compensation that a victim may receive. Virginia, for instance, caps damages at the cost of treatment, up to the victim reaches their 10th birthday. Other states limit damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many instances, the injuries of a child require ongoing treatment. This includes medical treatment or therapies, as well as any other expenses. It could also include future loss of earnings if the injury interferes with the child's ability to work and earn money. This is known as loss consortium.

Your lawyer will help you in calculating the cost of your child's injuries, including non-economic damages. They will collaborate with expert witnesses to construct a convincing case that demonstrates the severity of your child's injuries as well as their impact on his or her life. They will also use expert testimony to show that the doctor violated their duty of care.

They could also request access to your child’s medical records. These are critical to your case. It is essential to obtain them whenever you suspect that there is a birth injury because they are frequently lost or misplaced. They can also be destroyed. Your attorney can help you get these documents as swiftly as you can.

Economic damages - Damages

A birth injury can result in a myriad of expenses that aren't immediately evident. These include medical expenses that have already been paid, along with projected costs for therapy in the future home care, institutional care, medications, adaptive equipment, and transport to and from therapist and doctor appointments.

Furthermore, a disability that is severe can hinder an individual's ability to earn a living wage. This can also affect a family's finances. Parents may be forced to take a break from their work or even stop working completely to take care of a disabled child. This can result in lost earnings.

Parents who file a birth injury claim must keep track of all expenses and losses to determine their maximum possible award. When a jury or a court awards damages, they must take into consideration the victim's lifetime needs. The more accurate the estimate of future medical costs and losses, the more the amount awarded will be. Non-economic damages can also be awarded although they are more difficult to quantify. They include emotional distress, suffering and loss of quality of life and loss of consortium.