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How a Birth Injury Claim Works
If a medical professional was negligent and your child suffered injuries at birth, you could be entitled to compensation. The amount of compensation you receive is contingent upon a variety of variables.
The process of suing begins when your lawyer files a complaint against defendants. Both sides will participate in discovery, in which they exchange information and evidence 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 instance broken bones could require surgery to fix them and can result in ongoing physical therapy costs. In the same way, nerve damage from the pressure of a hand or rough handling can result in permanent discomfort and limitations. Your lawyer will review your child's medical needs and determine estimated lifetime costs of treatment to ensure enough compensation to cover them.
You must show that the healthcare professional was owed a duty, that they violated this duty and that their lapse caused your child's injuries. It is common for medical experts to examine the case and provide an opinion based on their experiences.
Depending on the circumstances, you may be able to name several healthcare professionals and birth injury hospitals in your lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital in which the birth injury attorney took place. Your legal team will send letters to all of these parties, advising them that a medical malpractice lawsuit has been filed and that they are given an opportunity to settle the matter before filing an action.
Suffering and pain
A birth injury lawsuit can result in compensation for emotional and physical injuries suffered by a child. The amount of damage families receive is determined by the severity of the injury and its impact on the child's life.
Parents must show that the medical professional or facility did not act in accordance with the standards of care in order to win an award. It means that a physician or hospital's actions caused injuries to patients. Medical experts are often engaged by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.
Most birth injury cases settle, rather than go to trial. Trials can be costly, risky and lengthy. A settlement allows families to receive financial compensation faster and in a more amicable manner. Settlements ensure that the future needs of a child are taken care of. This can include the cost of a disability van, home modifications and specialized equipment as well as ongoing medical treatment for illnesses like cerebral palsy.
Punitive damages
Punitive damages are among the most severe awards juries can award in a birth injury case. These damages are typically given to deter the perpetrator and prevent others from making similar mistakes. These awards are also intended to ensure that victims feel their case has been taken seriously.
A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. If appropriate, they can also file a lawsuit for punitive damages. Punitive damages are based on the conduct of the defendant and a finding of moral turpitude. They usually amount to four times more than other damages granted.
A lawyer can assist you to win a significant award for medical costs for your child and other financial losses. They can also file a suit for emotional trauma, as well as other damages not related to financial. Some states have caps on the amount of compensation victims can receive. Virginia for instance, restricts damages to the cost of care through the tenth birthday celebration of a victim. Other states limit damages for suffering and pain and other types of damages.
Damages for non-economic damages
In many cases, the injuries of a child will require lifetime care. This includes medical treatment, therapies, and any other expenses. It could also include future loss of earnings if the injury interferes with the child's capacity to work and earn an income. This is referred to as loss of consortium.
Your lawyer will assist you estimate the full costs of your child's injuries which includes non-economic damages. They will work with experts witnesses to construct a convincing case to prove the severity of your child's injuries and their impact on their life. They will also make use of expert witnesses to prove the doctor's lapse of duty of care.
They could also request access to the medical records of your child. These are vital to your case. It is essential to request these whenever you suspect that there is a birth injury, as they are frequently lost, misplaced, or destroyed. Your attorney can assist in obtaining these documents as soon as possible.
Compensation for economic damages
A birth injury can cause a range of costs that aren't immediately obvious. These include medical expenses already paid as well as the projected costs of future therapy including in-home or institution-based care and medication, adaptive equipment and travel to and from therapist or doctor's appointments.
Furthermore, a serious disability can make it difficult for an individual to earn an income that is sufficient. This can also have a ripple affect on the financial health of the family. Parents may need to quit their job or quit work entirely in order to care for the child who is disabled, leading to a loss of wages.
Parents who file a birth injury claim should keep track of all expenses and losses to determine their maximum possible award. When a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The greater the amount, the more accurate the estimate of the future medical expenses. Non-economic damages can also be granted although they are harder to quantify. They include emotional suffering, distress, loss in quality of life and loss of consortium.
