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How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you could be entitled to compensation. Generally speaking, the amount compensation you receive will depend on a few factors.

The process of bringing a lawsuit begins by your attorney submitting an action against the defendants. Both sides will then participate in discovery, in which they will exchange evidence and other information that includes medical records.

Medical expenses

Medical expenses associated with a birth injury can vary dramatically based on the severity of the injuries your child sustains. For instance broken bones might require surgery for repair and may result in costly physical therapy over the long term. Similarly, nerve damage caused by pressure applied manually or rough handling during delivery can cause long-term discomfort and Birth Injury even limitations. Your lawyer will review your child's needs and estimate the cost of treatment over the course of a lifetime to ensure you get the right amount of compensation.

You will have to demonstrate that the healthcare professional owed you an obligation, that they violated this duty and that their negligence caused the injury to your child. The most common way to prove this is for medical experts to analyze the situation and give an opinion based on their own experience.

Based on the circumstances it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, his assistants and the hospital in the birthing room. Your legal team will send letters to each of these parties advising them that a claim for medical malpractice has been made and that they have the chance to settle the matter prior filing a lawsuit.

Suffering and pain

A birth injury lawsuit may result in the payment of compensation for physical and emotional injuries suffered by children. The amount of compensation the family is awarded is determined by the severity of the injury as well as its impact on the child's life.

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

Most birth injury cases settle rather than going to trial. Trials can be risky, expensive and time-consuming. Settlements offer families financial compensation earlier and in a less threatening process. Settlements also ensure that a child's future requirements are satisfied. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in a birth injury lawsuits injury case. These damages are typically awarded in order to punish the perpetrator and deter others from committing similar crimes. The aim of these awards is to make the victims believe that their cases were considered seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damage. They may also file a lawsuit for punitive damages, in the event that they are appropriate. Punitive damages are determined by the defendant's behavior and the finding of moral wrongdoing. They are usually four-times the other damages awarded.

A lawyer can win you a significant sum to help pay for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other non-financial damages. Some states place caps on the amount of compensation a victim may receive. Virginia is one of them. It limits damages up to the cost of treatment up to the victim's 10th birthday. Other states restrict damages for suffering and pain as well as other types.

Damages for non-economic damages

In a majority of cases, a child's injuries will cause lifetime care. This includes medical treatment therapies, as well as other expenses. It may also include lost earnings if the injury will interfere with the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injuries, including non-economic damages. They will work with experts to construct a case to show how much your child was harmed and the effects on their life. They will also rely on expert testimony to prove that the doctor did not fulfill their duty of care.

They could request access to your child’s medical records. These are vital to your case. It is essential to request them immediately if you suspect a birth injury as they are frequently lost or misplaced. They can also be destroyed. Your attorney can help you get these documents as swiftly as possible.

Economic damages - Damages

A birth injury can cause a range of expenses that aren't immediately evident. These expenses can include medical bills already incurred, along with projected expenses for future therapy such as in-home care, institutional treatment, medications, adaptable equipment, as well as transport to and from doctor and therapist appointments.

A severe disability can hinder an individual to earn a living. This can also impact the family's finances. Parents might be forced to take a break from their work or quit their jobs completely to care for the child with disabilities. This could result in lost earnings.

Parents who file a birth injury claim must keep track of all costs and losses to determine the amount they can be awarded. When a jury or court gives damages, they take into account the victim's needs for the rest of their life. The more accurate the estimation of future medical expenses and losses, the greater the amount awarded will be. Non-economic damages can also be granted although they are harder to quantify. These include emotional distress, suffering, loss in quality of life, and loss of consortium.