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 during the birth. In general, the amount of money you receive will depend on a number of factors.

The process of suing starts when your attorney files a complaint against defendants. Both sides will then engage in discovery where they will trade evidence and documents including medical records.

Medical expenses

Medical costs associated with a birth injury can vary dramatically based on the severity of your child’s injuries. For example broken bones can require surgery to fix them and can result in the cost of physical therapy for a long time. Similarly, nerve damage caused by manual pressure or rough handling during birth could cause chronic pain and limitations. Your lawyer will evaluate your child’s medical needs and estimate costs for treatment over the course of their lives to ensure enough compensation to cover them.

You will need to demonstrate that the healthcare professional was owed the duty of care, that they violated their duty and that their negligence caused the injury to your child. It is common for medical experts to analyze the case and provide an opinion based on their own experience.

Depending on the circumstances, you might be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth to your baby, the staff members and the hospital in which the birth occurred. Your legal team will send letters to each of these parties informing them that a medical malpractice lawsuit 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 could result in a settlement for emotional and physical injuries suffered by children. The amount of damages a family receives is determined by the severity of the injury and the impact it has on the child’s life.

Parents must show that the medical professional or facility did not operate in accordance with the standard of care to win a claim. This means that the physician or hospital did not act with expertise or judgment in a situation where their actions or inaction led to a medical injury. Medical experts are frequently consulted by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist doctors.

Most birth injury cases settle rather than going to trial. Trials are costly, risky and lengthy. Settlements provide families with financial compensation much sooner and in a less threatening process. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van, home modifications, specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe award a jury could make in a birth injury case. These damages are usually granted to punish the offender and discourage others from committing similar crimes. These awards are designed to make victims believe that their case was considered seriously.

A New York City personal injury lawyer can help you assess the value of your claim, including non-economic damages. If they are deemed appropriate, they can also file a suit for punitive damage. Punitive damages may be given based on the defendant’s behavior or a finding of moral immorality. They are usually four-times the amount of other damages.

A lawyer can help win you a significant amount of money to pay 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 are not financial. Certain states set limits on the amount of compensation a victim could receive. Virginia, for example, limits damages to the cost of healthcare up to a victim’s tenth birthday. Other states restrict damages for suffering and pain in addition to other types.

Damages for non-economic damages

In many cases, the injuries suffered by children will require ongoing care. This includes medical care therapies, as well as other expenses. It could also include future loss of earnings if the injury affects the child’s ability to work and earn money. This is known as loss consortium.

Your lawyer will assist you to calculate the full amount of the injuries your child sustained as well as non-economic damage. They will work with experts to construct a case that demonstrates the extent to which your child was harmed and the impact on their life. They will also use expert witness testimony to prove the doctor’s breach of duty of care.

They could request access to your child’s medical records. These are crucial to your case. It is crucial to request these as soon as you suspect that there is a birth injury as they are often lost or lost. Or, they are destroyed. Your attorney can assist you to obtain these documents as fast as possible.

Damages for economic loss

A birth injury lawyers injury could cause a range of expenses that aren’t immediately apparent. These include medical expenses that have already been incurred, along with projected costs for therapy to come such as in-home care, institutional treatment, medications, adaptive equipment, as well as transportation to and from therapist and doctor appointments.

A severe disability can restrict the ability of an individual to earn a decent living. This could have an impact on the finances of families. Parents may have to quit their jobs or cease working altogether to care for the child with disabilities. This could lead to lost earnings.

Parents who file a birth injury claim should keep track of all these costs and losses in order 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 higher the amount awarded is, the more accurate the estimate is of the future medical expenses. Non-economic damages are also awarded even though they are more difficult to quantify. They include emotional distress, suffering and loss of quality of life and loss of consortium.