Birth Injury Compensation

If your child suffers birth injury resulting from the negligence of a doctor or an unjust action, it can be devastating. These injuries are often life-long treatment and care, leaving you with massive financial burdens.

Many birth injury cases require a lengthy debate on medical errors versus malpractice. Our lawyers can help you understand the distinctions.

Costs of Treatment

Attorneys, insurance companies, and judges take into account the severity of the birth injury law firm injury and the impact it has on the child's development when determining the amount compensation to be paid. For instance the child who suffers from a medical condition requires constant medical attention which will raise the value of an claim.

Medical treatment for birth injuries can be very expensive. Compensation awarded for a birth injury will help families pay for these expenses. Lawyers and experts often work together to develop an "Life Care Plan" that estimates the costs of a child’s injury over a lifetime. These include hospitalization costs including surgical interventions, specialized medical treatment prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, as well as firsthand reports from relatives. These records will be used to show that your child was injured as a result of medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have medical indemnity funds that provide financial assistance to families with children who suffer birth injuries. These funds can either collect some of the malpractice insurance premiums, or require hospitals and doctors to contribute to a resource pool. In addition to providing financial support, these programs can also decrease the requirement for families to file a lawsuit. However, JLARC staff found that these programs don't always meet their aims and should be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic-ischemic encephalopathy will face permanent medical requirements. This includes physical therapy, specialized equipment, and home health. Often, these expenses can be substantial.

A life-care planning plan is one that lists the future medical, educational home, and other expenditures that a child who has disabilities will be liable for throughout their life. These plans are used to calculate the economic portion awarded in a case of birth injury. They must be thorough and carefully designed to meet the strict requirements of evidentiary for admission in court.

Experts in life-care planning can help develop these documents using information and the opinions from a child's doctors, therapists, and caregivers. The plans also contain a detailed account of the injury that caused it and its diagnosis. They describe the underlying causes of the disability as well as its long-term consequences.

A medical malpractice lawyer should work with a life care planner to come up with the most appropriate plan for their client's 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 expenses and medical care. The funds awarded are typically placed in a special needs trust managed by an approved administrator. The amount of money awarded is typically adjusted every few months to reflect the changing requirements of your child.

Suffering and Pain

In a birth injury lawsuit the damages awarded are for a plaintiff's past and future suffering and pain. This includes physical and mental distress from the injury, and also an inability to participate in activities that are enjoyed by others.

It is also possible to recover income if a victim's injury limits their options professionally or stops them from working at all. Families may also be compensated for the care of an injured child.

The verdicts in medical malpractice cases tend to be very high as juries are often sympathetic to victims and hold doctors accountable for their errors. Because of this, many hospitals and doctors prefer to settle instead of taking on the trial process, which is costly and stressful for the parties involved.

During the trial lawyers from both sides will gather evidence to back their arguments. They will exchange documents during a process called discovery, which includes deposing witnesses to get statements under oath. The defendants can also ask to examine the medical records of a plaintiff which is permitted in many states.

A successful birth injury claim requires a lawyer who has experience in these kinds of cases. A seasoned attorney will analyze your case to determine whether you are entitled to a lawsuit and will work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are intended to communicate a message and deter future negligent behavior. The award of these damages is made when there is a high degree of malice or negligence on the part of the doctor. However, they are rare in birth injury cases.

Once the attorney has identified the appropriate defendants, they have to collect and analyze evidence to support their assertions. They must prove that the injuries sustained by medical professionals were not at an acceptable standard of care. The legal team must provide evidence of losses associated with the injuries, also known as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs which includes long-term facilities as well as other services. They may also factor in loss of earnings if the injury led one or both parents to quit their jobs.

The legal team will create a demand form to be presented to the malpractice insurance companies. This document will describe the birth injuries and the impact they have on the child and the family, and ask for compensation for these losses. The lawyers will negotiate until a settlement has been reached with medical professionals. During the discovery process, lawyers will exchange information with the other party regarding their case. This may include depositions of witnesses who are required to testify under oath.