How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries during birth, you could be entitled to compensation. The amount you receive is contingent upon a variety of factors.

The process of suing begins when your attorney files a complaint against defendants. Both sides will participate in discovery, in which they exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of your child's injuries. For example broken bones can require surgery to repair and may result in the cost of physical therapy for a long time. Similarly, nerve damage caused by manual pressure or rough handling during the delivery can cause long-term pain and limitations. Your lawyer will review the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure that you are compensated in a sufficient amount.

You will need to establish that the healthcare professional was owed a duty, that they breached this duty and that their breach caused the injury to your child. It is typically required to have medical experts review the situation and offer their opinions in light of their experience.

Depending on the circumstances it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants and the hospital in the hospital where the birth took place. Your legal team will send letters to each of these parties advising them that a medical negligence claim has been filed and that they are given an opportunity to settle the matter prior to filing an action.

Suffering and pain

A birth injury law firms injury lawsuit could result in compensation for the emotional and physical injuries suffered by children. The amount of damages families receive is determined by the severity of the injury and the impact it has on the child's life.

To be able to claim compensation, parents must prove that a medical professional or a facility failed to perform their duties in accordance with the standard of care. This means that a doctor or hospital's actions caused the victim to suffer a medical injury. Both sides frequently employ medical experts to help define the standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most birth injury cases are settled rather than going to trial. Trials are costly, risky and lengthy. Settlements offer families financial compensation earlier and in a less threatening process. Settlements ensure that future needs of a child are met. This may include the costs of a disability van as well as home modifications and special equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount juries could award in cases involving birth injuries. They are often awarded to punish the offender and discourage others from engaging in similar offenses. The purpose of these awards is to make victims feel that their cases have been taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They may also make a claim for punitive damages, as long as they are legal. Punitive damages are determined by the defendant's conduct and the finding of moral imprudence. They usually amount to four times the amount awarded.

A lawyer can help you get a substantial amount of money for your child's medical expenses and other financial losses. They may also file a suit to recover emotional trauma as well as other damages that aren't financial. Some states put caps on the amount of compensation a victim may receive. Virginia for instance, caps damages at the cost of treatment up to the tenth birthday of a victim. Other states have limits on pain and suffering as well as other types of damages.

Damages for noneconomic damages

In many cases, injuries suffered by children will require ongoing treatment. This includes medical care or therapies, as well as any other costs. This may include the loss of future wages if the injury is interfering with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injury which includes non-economic damages. They will work with experts to build an argument that shows the extent to which your child was injured and the effects on their life. They will also use expert witnesses to prove the doctor's violation of duty of care.

They could also request access to your child’s medical records. These are crucial to your case. It is essential to request these whenever you suspect a birth injury because they are often lost or lost. Or, they are destroyed. An attorney can assist you get these documents as swiftly as is possible.

Damages for economic damages

A birth injury may cause a variety of costs that might not be apparent immediately. These costs include medical bills already incurred as well as projected costs of future therapy such as in-home or institutional treatment as well as adaptive equipment, medication and travel to and away from doctor's and therapist's appointments.

A serious disability may also limit the ability of an individual to earn a decent living. This can also affect the financial situation of a family. Parents may be forced to take a break from their work or even stop working completely to take care of the child with disabilities. This can result in the loss of income.

Parents who are pursuing a claim for birth injuries should keep track of all expenses and losses to determine their maximum possible award. If a court or jury awards damages, it takes into consideration the needs of the victim throughout their life. The more money awarded, the more accurate the estimation of future medical costs. In addition, non-economic damages can be awarded although they are more difficult to quantify. They include emotional suffering, distress loss of quality of life, and loss of consortium.