How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. The amount you receive depends on several variables.

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

Medical expenses

Medical expenses related to birth injuries can differ in a significant way based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Similar to that, nerve damage from the pressure of a hand or rough handling can cause permanent discomfort and limitations. Your lawyer will assess your child's medical needs and determine estimated cost of treatment for the rest of his life. You will then seek sufficient compensation to cover them.

You will have to prove that a healthcare professional owed the duty to you, that they breached that obligation, and that the breach caused injuries to your child. It is often required to have medical experts review the situation and provide an opinion from their previous experience.

Depending on the situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants as well as the hospital where the birth took. Your legal team will send letters to each of these parties notifying them that a claim for medical malpractice has been filed and that they are given an opportunity to settle the issue prior to filing an action.

Suffering and pain

A birth injury lawsuit can result in compensation for physical and emotional harms suffered by the child. The amount of damages a family receives depends on the severity of the injuries as well as the effects on a child's daily life.

To be able to claim compensation parents must show that a medical professional or facility was not acting in accordance with the standards of care. It means that a physician or hospital's actions or inactions led to the victim to suffer a medical injury. Both sides typically employ medical experts to help define the standard. Specialists, such as Obstetricians, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials can be costly, risky and lengthy. A settlement allows families to receive financial compensation sooner and in a less tense way. Settlements also ensure that a child's future needs are taken care of. 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

In the event of a birth injury, punitive damages may be the most severe award that a jury can award. They are often granted to punish the perpetrator and deter others from engaging in similar crimes. The purpose of these awards is to make victims feel that their cases have been treated seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. They may also bring a lawsuit for punitive damages when they are appropriate. Punitive damages can be determined based on a defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages that are awarded.

A lawyer can assist you to get a substantial amount of money to cover medical expenses for your child and other financial losses. They can also bring a lawsuit to recover emotional trauma as well as other non-financial damages. Some states cap the amount of compensation the victim could receive. Virginia is one of them. It caps damages at the cost of treatment until the victim reaches their 10th birthday. Other states restrict damages for pain and suffering in addition to other types.

Damages for non-economic damages

In many cases, injuries suffered by children will require ongoing care. This can include medical treatment and therapies, along with other costs. This could include the possibility of losing future wages if an injury interferes with the child's capacity to work and earn an income. This is known as loss of consortium.

Your lawyer will help you to calculate the full cost of your child's injuries including non-economic damages. They will collaborate with experts to build a case to show how much your child was injured and the impact on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They may also request access to your child's medical records. These are crucial to your case. These documents are important to get as soon as you can in the event of that you have suffered a birth trauma. They could be lost, stolen or destroyed. Your attorney can assist you in getting these documents as soon as is possible.

Damages for economic loss

A birth injury may result in a range of costs that may not be apparent immediately. These expenses include medical bills already paid as well as the projected costs for therapy in the future and in-home medical care, medication, adaptive equipment, and travel to and from therapist and doctor appointments.

A disability that is severe can limit the ability of an person to earn a living. It can also have a ripple affect on the financial situation of the family. Parents may have to quit their jobs or stop working altogether to take care of the child with disabilities. This can lead to loss of earnings.

Parents who seek a birth injury claim must keep track of all costs and losses to determine the maximum amount they could be awarded. When a court or jury awards damages, they must take into consideration a victim's long-term requirements. The greater the amount, the more accurate the estimation of future medical costs. Damages that are not economic can also be granted even though they are harder to quantify. They include emotional suffering, distress and loss of quality of life and loss of consortium.