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 in the course of birth. The amount of compensation you receive depends on several factors.

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

Medical expenses

Medical expenses related to birth injuries can vary dramatically based on the severity of the injuries your child sustains. For instance broken bones can require surgery to repair and can result in long-term physical therapy costs. Similarly, nerve damage caused by pressure applied manually or rough handling during the delivery can cause permanent limitation and pain. Your lawyer will analyze your child's needs and estimate the cost of treatment over the course of their lives to ensure you get the right amount of compensation.

You will have to demonstrate that a healthcare professional was bound by an obligation to you, and that they breached that duty, and that this breach caused the injuries of your child. This usually requires medical experts to review the case and offer an assessment based on their knowledge.

Depending on the situation depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, his assistants, and the hospital the hospital where the birth took place. Your legal team will write 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 filing an action.

Suffering and pain

A birth injury lawsuit could result in a compensation claim for emotional and physical injuries that a child suffers. The amount of compensation families receive is determined by the severity of the injury as well as its impact on the child's life.

To prevail parents must prove that a medical professional or a facility was not acting in accordance with the standard of care. This means that the doctor or hospital did not act with expertise or judgment in a situation in which their actions or inaction resulted in injuries to the body. Both sides usually employ medical experts to help determine the acceptable standards. Obstetricians and specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are risky, time consuming and expensive. Settlements enable families to receive financial assistance sooner and in a more amicable manner. Settlements will ensure that the needs of the future of a child are met. This could include the costs of a disability van as well as home modifications and special equipment in addition to ongoing medical treatment for illnesses like cerebral palsy.

Punitive damages

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

A New York City personal injury lawyer can help you determine the value of your case, including non-economic damages. They can also pursue a lawsuit seeking punitive damages, when they are appropriate. Punitive damages are determined by the conduct of the defendant and birth injuries an indictment of moral imprudence. They are usually four-times the amount of other damages.

A lawyer can assist you to get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other losses that are not financial. Certain states set limits on the amount of compensation a victim can receive. Virginia is an example. Virginia limits damages up to the cost of treatment to a victim reaches their tenth birthday. Other states restrict damages for suffering and pain and other kinds of damages.

Damages for noneconomic damages

In a majority of cases children's injuries result in ongoing medical treatment. This includes medical care, therapies, and any other expenses. It can also include future lost earnings if the injury affects the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will help you in calculating the total expense of your child's injuries, which includes non-economic damages. They will collaborate with experts to build an argument that shows how badly your child was injured and the effect on their life. They will also use experts' testimony to prove that the doctor did not fulfill their duty of care.

They can request access to your child's medical records. These are vital to your case. They are important to request as quickly as possible if you suspect the possibility of a birth trauma. They can be lost, misplaced or destroyed. Your attorney can assist you to get these documents as swiftly as is possible.

Damages for economic loss

A birth injury could result in a myriad of costs that are not immediately apparent. These expenses include the medical bills already paid as well as the projected costs for future therapy including in-home or institution-based care, medication, adaptive equipment as well as travel to and from appointments with therapists and doctors.

Additionally, a severe disability can limit an individual's ability to earn a living wage. This could have an impact on the finances of the family. Parents might need to quit their job or give up all work to take care of a child with disabilities, leading to loss of income.

Parents who are pursuing a claim for birth injuries should keep track of all costs and losses to determine the amount they can be awarded. When a court or jury decides to award damages, they take into account the victim's ongoing requirements. The higher the amount awarded is, the more accurate the estimation of the future medical expenses. Non-economic damages are more difficult to quantify however they are awarded as well. They include emotional suffering, distress, loss in quality of life and loss of consortium.