How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injury in the course of birth injuries. The amount of compensation you receive is contingent upon a variety of factors.

The process of suing starts when your attorney files a complaint against defendants. Both sides will engage in discovery, in which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses related to a birth injury can vary dramatically based on the severity of your child's injuries. For instance broken bones can require surgery to fix and could result in costly physical therapy over the long term. In the same way, nerve damage triggered by pressure from a manual or rough handling during birth can cause permanent discomfort and limitations. Your lawyer will analyze your child's medical requirements and determine the estimated lifetime treatment costs to seek sufficient compensation to cover them.

You will need to demonstrate that the healthcare professional owed you a duty, that they violated this duty and that their failure caused the injury to your child. It is typically essential to have medical experts review the case and give their opinion basing on their previous experiences.

Depending on the circumstances you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took place. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit could result in a settlement for physical and emotional injuries that a child suffers. The amount of damages a family receives depends on the severity of the injury and the impact on the child's life.

Parents must demonstrate that the medical professional or the facility was not in compliance with the standards of care in order to win an award. This means that the doctor or hospital failed to act with expertise or judgment in the event that their actions or inactions caused a medical injury. Both sides usually employ medical experts to help define the acceptable standards. Specialists like obstetricians are held to higher standards than generalist doctors.

Most birth injury cases settle rather than going to trial. Trials are costly, time-consuming and expensive. Settlements enable families to receive financial compensation faster and in a more amicable manner. Settlements ensure that future needs of a child are addressed. This could include the cost of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards juries can award in a birth injury case. These damages are often awarded in order to punish the perpetrator and deter others from engaging in similar crimes. They also aim to make victims feel their cases are taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. If appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the defendant's behavior and an indictment of moral indecency. They are typically four times the amount of other damages given.

A lawyer can help you obtain a substantial award for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma as well as other non-financial losses. Some states place caps on the amount of compensation a victim may receive. Virginia is one of them. It limits damages up to the cost of treatment until the victim's 10th birthday. Other states restrict damages for pain and suffering and other kinds of damages.

Damages for non-economic damages

In many cases, injuries of a child will require ongoing care. This includes medical treatment therapies, as well as other expenses. It may also include lost earnings if the injury can hinder the child's ability to work and make an income. This is referred to as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injury including non-economic damages. They will work with experts witnesses to build a strong argument to demonstrate the severity of your child's injuries and their impact on his or her life. They will also rely on experts' testimony to prove that the doctor did not fulfill their duty of care.

They may also ask for access to the medical records of your child. These are essential to your case. It is essential to request these whenever you suspect a birth injury, as they are frequently lost or lost, or destroyed. An attorney can assist you get these documents as quickly as is possible.

Economic damages - Damages

A birth injury could cause a range of costs that are not immediately apparent. These include medical expenses already incurred, as well as projected costs for therapy in the future home care, institutional care, medications, adaptive equipment, as well as transportation to and from doctor and therapist appointments.

Furthermore, a serious disability could hinder a person's ability to earn a living wage. This could have an impact on the financial wellbeing of families. Parents might be forced to give up their jobs or stop working altogether to care for a disabled child. This can result in loss of income.

Parents who file a birth injury claim must keep track of all these expenses and losses to determine their maximum potential award. When a judge or jury gives damages, they will take into consideration a victim's long-term needs. The more accurate the estimation of future medical costs and losses, the more the amount awarded will be. Non-economic damages are harder to put a price on but they can be granted as well. These include emotional suffering, distress loss of quality of life, and loss of consortium.