Birth Injury Compensation

It could be devastating for your child if they suffer a birth injury due to a doctor's negligence. These injuries are often life-long treatment and treatment, which can result in massive financial burdens.

Additionally, a lot of birth injuries cases require a complicated argument about medical malpractice versus medical errors. Our lawyers can help you understand the distinctions.

Costs of Treatment

When determining how much to pay for a birth injury the attorneys of insurance companies and judges look at the degree of the injury as well as its impact on the child's quality of life. For instance in the event that a child requires constant medical attention it will increase the value of an insurance claim.

Medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families cover these expenses. Lawyers often collaborate with experts in putting together an "Life Care Plan" that calculates the total costs of a child's injury. These costs 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 due to medical malpractice and to demonstrate the extent of the injury.

Many states have enacted medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds collect a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to an account of resources. These programs can help families with financial assistance and lessen the need to file a lawsuit. However, JLARC staff found that these programs don't always meet their goals and need to be improved.

Life Care Planning

Children with conditions like cerebral palsy and hypoxic ischemic brain disease will have lifelong medical needs. These requirements include physical therapy and equipment that is specialized, as well as home health treatment. These expenses can be substantial.

A life-care planning plan is one that lists the future medical, education home, and other expenditures that a child who has disabilities will have to pay for throughout his or her life. These plans are commonly used to determine the financial portion of damages in a birth injury lawsuit. The plans must be precise and carefully drafted in order to meet the strict requirements of admissibility.

Life-care experts can assist in the development of these documents based on the their input and the formal opinions from a child's doctors, therapists, and caregivers. The plans provide a detailed narrative about the initial injury and the diagnosis. They explain the underlying cause of the disability and its long-term effects.

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

Pain and Suffering

In a birth injury lawsuit, damages are awarded for the plaintiff's past and future suffering and pain. This includes mental and physical distress from the injury, as well as an inability to engage in activities normally enjoyed by others.

It is also possible to get compensation for the loss of income when the victim's condition limits their professional options or prevents them from working. Families can also be compensated if they are needed to take care of an injured child.

Medical malpractice cases typically have very high verdicts because juries tend to show compassion for the victims and hold doctors accountable for errors. Because of this, many hospitals and doctors choose to settle instead of taking on the possibility of a trial, which is costly and stressful for the parties involved.

During the lawsuit attorneys from both sides will gather evidence to back their arguments. They will exchange documents through a process known as discovery, which involves deposing witnesses to get statements under an oath. In most states, defendants can ask to see the plaintiff's records.

A lawyer who is experienced in this kind of case is required to submit a successful claim for birth injuries. An experienced lawyer will evaluate your case to determine whether you have a valid lawsuit and will help achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages. These are intended to communicate a message to prevent future negligence. They are awarded in instances of serious negligence or where there was willful misconduct on the part the doctor. They are rare when it comes to birth injuries.

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 the medical professionals did not meet a high standard of medical care. The legal team also has to show evidence of the losses that are associated with the injuries, which are known as "damages." These damages can be either economic or non-economic.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing treatment, which may include long-term care facilities and other services. They can also include the loss of earnings if the injury caused one or both parents to leave their jobs.

The legal team will create an offer package that they will present to malpractice insurers. The document will explain the birth injury and its impact on the child's and family as well as request compensation to pay the cost of these losses. The lawyers will negotiate with the medical professionals until the settlement is reached. During the discovery process, attorneys will share information with the other party regarding their case. This may include depositions of witnesses who are required to testify under oath.