How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries at birth, you could be entitled to compensation. In general, the amount of compensation you receive will depend on a number of factors.

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

Medical expenses

Medical expenses related to birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for example could require surgery as well as long-term therapy. Similar to that nerve damage resulting from manual pressure or rough handling can cause permanent discomfort and limitations. Your lawyer will review your child's medical needs and determine estimated cost of treatment for the rest of his life. You will then seek sufficient compensation to cover them.

You must establish that the healthcare professional owed you a duty, that they did not fulfill their obligation, and that their failure resulted in your child's injuries. It is usually recommended that medical experts look over the case and offer their opinions in light of their experience.

Based on the circumstances, you may be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital in which the birth took place. Your legal team will write to each of them to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit can result in compensation for physical and emotional injuries that a child suffers. The amount of damages a family receives depends on the severity of the injuries as well as the impact they have on a child's lives.

In order to win a case parents must prove that a medical professional or facility failed to act according to the standards of care. This means that a physician or hospital's actions or inactions caused the victim to suffer a medical injury. Both sides often hire medical experts to help determine the norm. Specialists, such as doctors of obstetrics, are held to higher standards.

Most milliken birth injury attorney injury cases are settled rather than going to trial. Trials can be costly, risky and time-consuming. Settlements allow families to receive the financial benefits much faster and in a less threatening process. Settlements also ensure that children's future needs are taken care of. This can include the cost of a disability van, home modifications and birth specialized equipment and ongoing medical treatment for illnesses such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount juries could award in the case of a birth injury. These damages are usually awarded in order to punish the perpetrator and prevent others from committing similar crimes. These awards are also designed to make the victims feel like their cases have been treated seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, which includes economic damages. They may also make a claim for punitive damages as long as they are legal. Punitive damages are determined by the conduct of the defendant and the conclusion of moral wrongdoing. They typically are four times the amount of other damages that are awarded.

A lawyer can help you get a substantial amount of money to cover medical expenses for your child and other financial losses. They can also file lawsuits for emotional trauma and other non-financial losses. Certain states set limits on the amount of compensation a victim can receive. Virginia for instance, restricts damages to the cost of treatment up to the victim's 10th birthday. The other states have caps on pain and suffering in addition to other damages.

Damages for non-economic damages

In many cases, injuries sustained by a child require lifetime treatment. This includes medical care therapies, as well as other costs. This may include the loss of future wages if the injury is interfering with the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will help you to calculate the full amount of the injuries your child sustained including non-economic damages. They will collaborate with expert witnesses to construct a convincing case to prove the severity of your child's injuries as well as their effects on their life. They will also rely on expert witnesses to prove the doctor's lapse of duty of care.

They could also request access to your child's medical records. These are vital to your case. These documents are essential to request as soon as you can in the event of a birth trauma. They can be lost, misplaced or destroyed. An attorney can assist you obtain these documents as fast as you can.

Damages for economic damage

A birth injury could result in a myriad of expenses that are not immediately obvious. These include medical charges that have already been and the costs of future therapy and care at home or in a hospital medications, adaptive equipment and travel to and from appointments with therapists and doctors.

A severe disability can also restrict the ability of an individual to earn a living. This could have an impact on the finances of the family. Parents might be forced to give up their jobs or quit their jobs completely to take care of a disabled child. This could lead to loss of income.

Parents who file a claim to recover for birth injuries should keep track of the costs and losses in order to determine the maximum award they can receive. When a judge or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The higher the amount awarded is, the more precise the estimation of the future medical expenses. Non-economic damages are also awarded, even though they are more difficult to quantify. These include emotional suffering, distress loss of quality of life and loss of consortium.