Birth Injury Compensation

If your child suffers birth injury due to the negligence of a doctor or an unjust decision, it could be devastating. These injuries could require long-term treatment and care. You’ll be faced with enormous financial costs.

Many birth injuries cases require a lengthy debate on medical malpractice versus medical errors. Our attorneys can help you to understand the distinctions.

Costs of Treatment

When determining how much to pay for a birth injury, insurance companies attorneys and judges take into account the degree of the injury as well as the impact it has on the child’s quality of life. For instance in the event that a child requires extensive ongoing medical treatment which will raise the value of the claim.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can aid families in covering these costs. Lawyers often collaborate with experts to put together a «Life Care Plan,» which estimates the lifelong cost of a child’s injuries. These costs include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, among others.

Your legal team will collect medical documents from the pregnancy and birth injury law firm of your child, as well as firsthand accounts from relatives. These will be used to show that your child suffered an injury due to medical negligence and to demonstrate the extent of the damage caused.

Many states have passed medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums or require doctors and hospitals to contribute to the pool of resources. In addition to providing financial assistance, these programs may also decrease the need for families to file a lawsuit. JLARC staff however, discovered that these programs didn’t always achieve their goals and need to be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischephalopathy will require medical treatment for the rest of their lives. This includes physical therapy, specialized equipment and home health care. The majority of the time, these costs can be quite substantial.

A life-care plan document is a document which outlines the future medical, educational home, and other expenses that a child with disabilities is likely to be liable for throughout their lifetime. These plans are used to calculate the economic portion of a settlement in the case of birth injury. These plans must be comprehensive and carefully drafted in order to meet the strict requirements of admissibility.

Life-care experts can help develop these documents using information and the opinions of a disabled child’s doctors, therapists, and caregivers. The plans also include a detailed narrative of the injury that caused it and its diagnosis. They outline the root causes of the disability as well as the long-term consequences.

A medical malpractice lawyer must work with a life planner to develop the most appropriate plan for their clients’ situation. The plan’s goal is to ensure that your child receives enough compensation to cover all of their future expenses and care. The money is usually placed into a trust for special requirements, which is managed by an authorized administrator. The amount of money that is awarded is usually adjusted periodically to reflect the changing requirements of your child.

Suffering and Pain

In a case involving birth injury lawyers injuries the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes physical and mental pain caused by the injury, as and the inability to take part in activities that other people can participate in.

It is also possible to get compensation for income loss if the victim’s condition limits their career options or prevents them from working in any way. Families can also be compensated if required to provide care for an injured child.

The verdicts in medical malpractice cases are often extremely high because juries tend to be sympathetic to victims and hold doctors accountable for their actions. Many hospitals and doctors opt to settle rather than risk an expensive trial and difficult for all parties involved.

Both sides will collect evidence to support their arguments in the course of trial. They will exchange documents in the course of discovery, which includes interviewing witnesses to obtain their statements under oath. In most states, defendants may also request access to the records of the plaintiff.

An attorney with experience in this type of situation is required to file a successful claim for birth injury. An experienced lawyer will examine the facts of your case to determine if it meets the requirements for a lawsuit and work to secure the best financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, which are designed to convey a message and discourage any future negligent behavior. These damages can be awarded when there is a substantial amount of negligence or malice on the part of the doctor. However, they are very rare in cases of birth injuries.

After the attorney identifies the appropriate defendants, they must collect and analyze evidence to back up their claims. They must demonstrate that the injuries caused by medical professionals did not comply with the standard of care. The legal team should also be able to prove the loss that was caused with the injuries, which are known as «damages.» These damages can be either economic or non-economic.

Economic losses are usually calculated by making estimates of the cost of the child’s ongoing treatment, including long-term care facilities as well as other services. These may also include lost earnings in the event that an injury caused one or both parents to lose their job.

The legal team will prepare an order package that they will present to the malpractice insurers. The document will outline the birth injuries and the impact they have on the child as well as the family, and request compensation for the loss. The lawyers will negotiate until a settlement is reached with the medical professionals. During the discovery process, lawyers will exchange information with the other party on their case. This includes depositions of witnesses who are required to testify under oath.