How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injuries in the course of birth. The amount of compensation you receive depends on several aspects.

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

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of your child's injuries. Broken bones, for example could require surgery as well as long-term therapy. Also, nerve damage caused by manual pressure or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will review the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure you receive enough compensation.

You will have to show that the healthcare professional was owed obligations, and that they violated their duty and that their failure caused the injury to your child. It is typically essential to have medical experts look over the case and provide their opinion basing on their previous experience.

Based on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, his medical assistants and the hospital which the birth occurred. Your legal team will send letters to each of these parties informing them that a medical malpractice claim has been filed and that they are given the chance to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawsuit may result in compensation for the emotional and physical injuries suffered by a child. The amount of compensation a family receives depends on the severity of the injuries and their impact on a child's life.

Parents must prove that the medical professional or facility did not act in accordance with the standard of care in order to win an award. This means that the doctor or hospital was negligent in their skill or judgement in an instance in which their actions or inactions caused an injury to a patient. Medical experts are often engaged by both sides to define this standard. Specialists like obstetricians are held to higher standards than generalist doctors.

Most cases involving birth injuries settle rather than going to trial. Trials can be costly, risky and time-consuming. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements ensure that future needs of a child are taken care of. This could include the expense of a wheelchair van, home modifications, specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe amount a jury could make in cases involving birth injuries. They are usually awarded to penalize the wrongdoer and to deter others from doing similar crimes. They also aim to make victims feel their cases have been treated seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including economic damages. If appropriate, they can also file a suit for punitive damage. Punitive damages are based on the defendant's conduct and the conclusion of moral turpitude. They are usually four times the amount of other damages that are awarded.

A lawyer can assist you to obtain a substantial award to cover medical expenses for your child and other financial losses. They can also file lawsuits for emotional trauma and other non-financial losses. Some states have caps on the amount of compensation that the victim can receive. Virginia is an example. Virginia caps damages at the cost of treatment, up to the victim's tenth birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for non-economic damages

In most cases, the injuries suffered by children will require lifetime care. This includes medical treatment therapies, as well as other expenses. It may also include lost earnings if the injury can hinder the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injury which includes non-economic damages. They will collaborate with experts to construct a case to show how much your child was injured and the effects on their life. They will also rely on expert testimony to prove that the doctor violated their duty of care.

They may also ask for access to the medical records of your child. These are crucial to your case. These documents are essential to request as quickly as you can in the event of an injury to your birth injury attorneys. They could be lost, stolen or destroyed. Your attorney can help you get these documents as quickly as you can.

Damages for economic damage

A birth injury may cause a variety of expenses that might not be obvious at first. These include medical charges that have already been paid, as well as the anticipated costs of future therapy such as in-home or institutional treatment medications, adaptive equipment and travel to and from therapist or doctor's appointments.

Furthermore, a disability that is severe can make it difficult for an individual to earn a living wage. This could also affect a family's finances. Parents may need to quit their job or quit their job completely to take care of a child with disabilities, leading to a loss of wages.

Parents who are pursuing a claim for birth injuries should keep track of all expenses and losses to determine their maximum potential award. When a jury or a court awards damages, they must take into consideration a victim's long-term requirements. The more accurate the estimation of future medical costs and losses, the higher the award amount will be. Non-economic damages are difficult to quantify however they can be granted as well. These include emotional distress, suffering loss of quality of life, and loss of consortium.