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How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries during birth. In general, the amount of money you receive will depend on a few variables.

The lawsuit process begins by your attorney submitting an action against the defendants. Both sides will participate in discovery, where they will exchange information and evidence including medical records.

Medical expenses

Medical expenses related to a birth injury can vary in a significant way based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Similarly, nerve damage caused by pressure from a manual or rough handling during delivery can cause long-term pain and limitations. Your lawyer will review the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure that you get the right amount of compensation.

You will have to prove that the healthcare professional was owed a duty, that they did not fulfill their obligation, and that their failure caused the injury to your child. This usually requires medical experts to examine the case and give an assessment based on their knowledge.

Depending on your situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital in which the birth took place. Your legal team will write letters to each of these parties advising them that a medical negligence claim has been filed and that they have the chance to settle the matter before filing a lawsuit.

Suffering and pain

A birth injury lawsuit can result in a compensation claim for emotional and physical injuries sustained by a child. The amount of compensation a family receives is determined by the severity of the injury as well as its impact on the child's life.

Parents must prove that the medical professional or the facility did not act in accordance with the standard of care to prevail in an award. This means that the physician or hospital did not act with skill or judgement in a situation in which their actions or inaction led to the victim to suffer a medical injury. Medical experts are frequently consulted on both sides to define this standard. Specialists, like doctors of obstetrics, are held accountable to higher standards.

Most birth injury cases settle rather than going to trial. Trials are risky, time consuming and costly. Settlements provide families with financial compensation much sooner and in a less threatening process. Settlements also ensure that children's future requirements are satisfied. This could include the expense of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe amount juries could award in a birth injury case. These damages are often granted to punish the offender and discourage others from engaging in similar crimes. These awards are also designed to make victims feel that their cases have been treated seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes non-economic damage. If necessary, they may also file a suit for punitive damage. Punitive damages are determined by the defendant's behavior as well as a finding of moral turpitude. They typically are four times the amount of other damages that are awarded.

A lawyer can help you get a substantial amount of money for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma as well as other damages that are not financial. Some states put caps on the amount of compensation a victim may receive. Virginia is one example. It limits damages to the cost of healthcare 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 children's injuries cause ongoing care. This can include medical treatment, therapies, and other costs. It could also include future lost earnings if the injury can hinder the child's ability to work and make money. This is referred to as loss of consortium.

Your lawyer will help you to calculate the full costs of your child's injuries as well as non-economic damage. They will collaborate with expert witnesses to construct a convincing argument to demonstrate the severity of your child's injuries and their impact on their life. They will also rely on expert witness testimony to prove that the doctor's breach of duty of care.

They may also ask for access to the medical records of your child. These are essential to your case. It is important to request these whenever you suspect that there is a birth injury because they are frequently lost, misplaced, or destroyed. Your attorney can help you obtain these documents as fast as you can.

Economic damages - Damages

A birth injury law firms injury could result in a variety of costs that aren't immediately evident. These include medical bills already paid, as well as the anticipated costs of therapy to come, in-home or institutional care medications, adaptive equipment and travel to and away from doctor's and therapist's appointments.

A severe disability can make it difficult for an individual to earn an income that is sufficient. This could also have a ripple effect on the financial situation of a family. Parents might be forced to quit their jobs or stop working altogether to care for a disabled child. This could result in the loss of earnings.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine the maximum amount they could be awarded. If a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The more precise the estimate of future medical expenses and losses, the greater the amount of award will be. Non-economic damages are difficult to put a price on however they are granted as well. These include emotional suffering, distress, loss in quality of life and loss of consortium.