How a Birth Injury Claim Works

You could be entitled to compensation in the event that a medical professional has been negligent and your child suffers injuries at birth. Generally speaking, the amount money you receive will depend on a number of factors.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will then participate in discovery, where they will exchange evidence and other information including medical records.

Medical expenses

Medical costs associated with birth injuries can vary significantly based on the nature of your child's injuries. For example broken bones could require surgery to fix them and can lead to ongoing physical therapy costs. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can result in permanent pain and limitations. Your lawyer will review your child's medical needs and estimate the costs for treatment over the course of their lives to ensure enough compensation to cover these.

You will need to show that the healthcare professional owed you the duty of care, that they violated their duty and that their failure resulted in your child's injuries. This usually requires medical experts to examine the case and provide an opinion based on their 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. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for emotional and physical harms sustained by children. The amount of damage the family is awarded is determined by the severity of the injury and its impact on the child's life.

Parents must prove that the medical professional or the facility did not operate in accordance with the standards of care in order to be able to make a claim. This means that the physician or hospital failed to act with competence or judgment in a situation in which their action or inaction caused the victim to suffer a medical injury. Both sides often hire medical experts to help define the standards. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, time-consuming and expensive. Settlements allow families to receive financial compensation earlier and in a less threatening process. Settlements guarantee that the future needs of a child are taken care of. This could include the costs of a disability van and home modifications, as well as specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that a jury could make in cases involving birth injuries. These damages are often given to punish the perpetrator and prevent others from making similar mistakes. They also aim to make the victims feel like their cases have been taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes non-economic damage. If appropriate, they can also file a suit for punitive damage. Punitive damages are determined by the defendant's behavior as well as the conclusion of moral indecency. They typically amount to four times the other damages awarded.

A lawyer can help get you a substantial amount to pay 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. Certain states set limits on the amount of compensation a victim can receive. Virginia for instance, limits damages to the cost of healthcare up to the tenth birthday celebration of a victim. Other states have limits on pain and suffering in addition to other damages.

Damages for non-economic damages

In many cases, injuries suffered by children will require lifetime treatment. This includes medical care or therapies, as well as any other expenses. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn a living. This is called loss of consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, which includes non-economic damages. They will work with experts witnesses to build a solid case to prove the severity of your child's injuries as well as their impact on their life. They also will use expert witness testimony to prove that the doctor's breach of duty of care.

They could also request access to the medical records of your child. These are critical to your case. It is crucial to get them whenever you suspect that there is a birth injury since they are frequently lost, misplaced, or destroyed. Your attorney can help you get these documents as swiftly as possible.

Compensation for economic damages

A birth injury may cause a number of costs that may not be obvious at first. These expenses include the medical bills that have already been and the costs of therapy to come and care at home or in a hospital and medication, adaptive equipment as well as travel to and from therapist or doctor's appointments.

Furthermore, a disability that is severe could hinder a person's ability to earn a living wage. This could also affect the financial situation of a family. A parent might have to quit their job or stop all work in order to take care of a child with disabilities, leading to the loss of wages.

Parents who are pursuing a claim for birth injuries should keep track of all costs and losses to determine their maximum potential award. When a court or jury decides to award damages, they take into consideration the needs of the victim for the rest of their life. The more money awarded and the more accurate the estimate is of future medical costs. Non-economic damages are more difficult to quantify however they can be granted as well. These include emotional distress, pain and suffering loss of quality of life, and loss of consortium.