Birth Injury Compensation

It can be devastating for your child if they suffer a birth injury as a result of negligence by a doctor. These injuries usually require lifelong treatment and care, leaving you with immense financial burdens.

A lot of birth injury cases involve a complex debate over medical malpractice versus medical errors. Our attorneys can help you learn the distinctions.

Costs of Treatment

In determining the amount to decide on a settlement for a birth trauma, insurance companies attorneys and judges consider the extent of the injury and its impact on the child's life quality. For instance in the event that a child requires an ongoing medical procedure it will increase the value of a claim.

Medical treatment for birth injuries can be extremely expensive. Compensation awarded for a birth injury can help families cover the costs. Lawyers and experts often work together to develop an "Life Care Plan" which estimates the costs of a child's injuries over the course of his or her life. These costs include hospitalization, surgery, medical treatments and prescriptions, birth injury lawsuit home improvements and equipment, etc.

Your legal team will collect medical documents from your child's birth as well as pregnancy, as well as firsthand accounts from family members. These documents will be used to prove that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have passed medical indemnity funds to offer financial aid to families of children suffering from birth injury attorney injuries. These funds may either take part of malpractice insurance premiums or require doctors and hospital to contribute to an asset pool. These programs can offer families financial support and help reduce the need to file a suit. However, JLARC staff found that the programs don't always meet their goals and should be improved.

Life Care Planning

Children with conditions such as hypoxic ischephalopathy or cerebral palsy will need medical care throughout their lives. These include physical therapies or equipment for specialized use, as well as home health care. Often, these expenses can be very expensive.

A life-care plan is a document that outlines the future medical, educational, in-home and other expenses disabled children will have to pay for the rest of his or her life. These plans are often used to determine the financial portion of damages in a birth injury lawsuit. They should be comprehensive and meticulously drafted to meet the strict requirements of evidentiary for legal admissibility in court.

Life-care experts can assist to draft these documents with information and formal opinions from the child's medical professionals as well as therapists and other caregivers. The plans also include an in-depth description of the injury that caused it and its diagnosis. They describe the underlying reason for the disability and its long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to create the most effective plan for their client's specific situation. The aim of the plan is to ensure that your child receives adequate compensation to cover the cost of all of his or her future medical expenses and care. The money is usually put into a trust for children with special requirements, which is managed by an approved administrator. Typically, the amount of funds awarded will be adjusted periodically to accommodate the changing needs of your child's needs.

Pain and Suffering

In a birth injury lawsuit damages are awarded to cover the plaintiff's past and future pain and suffering. This includes the physical and mental pain caused by the injury, as and the inability to take part in activities that others are able to perform.

You can also recover lost income if a victim's injury affects their work options or stops them from working at all. Families could also be compensated for the care of an injured child.

Medical malpractice claims often have very high verdicts due to the fact that juries are more likely to show compassion for victims and hold medical professionals accountable for Birth Injury Lawsuit their mistakes. Many doctors and hospitals prefer to settle rather than risk a trial that is expensive and difficult for all parties involved.

During the litigation attorneys from both sides will collect evidence to justify their arguments. They will exchange documents during a process known as discovery, which entails deposing witnesses to obtain statements under swearing. In most states, defendants can request access to the records of the plaintiff.

An experienced lawyer who has handled this type of case is essential to make an effective claim for birth injuries. A seasoned attorney will analyze your case to determine whether you are entitled to a lawsuit and will work to achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damage awards which are intended to serve as a stern warning to deter future negligence. They can be awarded in cases that involve grave negligence or when there was intentional misconduct on the part the medical professional. However, they are not common in cases of birth injuries.

After the attorney identifies the appropriate defendants, they need to gather and analyze evidence to support their claims. They must establish that the injuries caused by medical professionals were not at the standards of care required. The legal team should also prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are figured out by the estimation of ongoing treatment costs, including long-term care facilities and other services. These may also include the loss of earnings if an injury resulted in both parents to lose their job.

The legal team will then prepare a demand package to present to the malpractice insurers. This document will describe the birth injuries and their effects on the child and the family, and demand compensation for the losses. The lawyers will negotiate until a settlement has been reached with the medical professionals. During the discovery process, lawyers will share information with the other party about their case. This may include depositions of witnesses who are required to testify under oath.