How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injury at birth. Generally speaking, the amount the amount you receive will be contingent on a variety of factors.

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

Medical expenses

Medical expenses related to birth injuries can differ dramatically based on the severity of the injuries your child sustains. Broken bones, for instance, may require surgery and long-term therapy. In the same way, nerve damage from physical pressure or rough handling can lead to permanent limitation and pain. Your lawyer will review the medical needs of your child and estimate the lifetime treatment costs to seek sufficient compensation to cover these.

You will have to show that the healthcare professional owed you obligations, and that they breached this duty and that their negligence resulted in your child's injuries. It is often essential to have medical experts examine the case and provide their opinion based on past experience.

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

Pain and suffering

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

Parents must show that the medical professional or facility was not in compliance with the standard of care to prevail in a claim. This means that the doctor or hospital acted with a lack of competence or judgment in the event that their action or inaction caused a medical injury. Both sides frequently employ medical experts to help define the acceptable standards. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most cases involving birth injury lawsuits injuries settle rather than going to trial. Trials are risky, time consuming and expensive. Settlements allow families to receive financial compensation sooner and in a more amicable manner. Settlements also ensure that children's future requirements are satisfied. This may include the costs of a disability van or home modifications, as well as specialized equipment in addition to regular medical treatment for ailments such as cerebral palsy.

Punitive damages

In a case of birth injury, punitive damages may be the most severe verdict that a jury can make. They are often awarded to penalize the wrongdoer and discourage others from engaging in similar crimes. The aim of these awards is to make victims believe that their case was taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes non-economic damage. If they feel it is appropriate, they could also file a suit for punitive damage. Punitive damages are determined by the defendant's behavior and a finding of moral indecency. They usually amount to four times the amount of other damages.

A lawyer can win you a significant sum to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma and other damages that are not financial. Some states place caps on the amount of compensation a victim may receive. Virginia is one example. It caps damages at the cost of treatment up to the tenth birthday of a victim. Other states limit damages for suffering and pain and other kinds of damages.

Damages for non-economic damages

In many cases, the injuries of a child will require ongoing treatment. This includes medical treatment, therapies, and any other expenses. It can also include future lost earnings if the accident is affecting the child's ability to work and make an income. This is known as loss of consortium.

Your lawyer will help you determine the total cost of your child's injury which includes non-economic damages. They will collaborate with experts to develop an argument that shows how much your child was harmed and the impact on their life. They will also use expert witness testimony to prove that the doctor's breach of duty of care.

They may also ask for access to your child's medical records. These are crucial to your case. It is essential to request these whenever you suspect that there is a birth injury as they are frequently lost or lost, or destroyed. Attorneys can help you get these documents as swiftly as possible.

Damages for economic damages

A birth injury can result in a myriad of expenses that aren't immediately obvious. These expenses include medical bills already and the costs of therapy to come and care at home or in a hospital, medication, adaptive equipment and travel to and from therapist and doctor's appointments.

A severe disability can also restrict the ability of an individual to earn a decent living. This can also impact the financial situation of a family. Parents might be forced to quit their jobs or cease working altogether to take care of disabled children. This can lead to loss of income.

Parents who make a claim for birth injury must keep track of all these costs and losses in order to determine the amount they can be awarded. When a judge or jury gives damages, they will take into consideration a victim's long-term requirements. The greater the amount and the more accurate the estimation of future medical costs. Non-economic damages are harder to quantify, but they can be awarded as well. These can include emotional suffering, distress loss of quality of life and loss of consortium.