How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries at birth, you may be entitled to compensation. The amount you receive is contingent on a variety of factors.

The process of suing begins when your attorney files a complaint against defendants. Both sides will then participate in discovery, in which they will exchange evidence and other information that includes medical records.

Medical expenses

Medical costs associated with a birth injury can vary greatly depending on the nature of the injuries your child sustains. Broken bones, for example might require surgery or long-term therapy. Similarly, nerve damage caused by manual pressure or rough handling during the delivery can cause permanent limitation and pain. Your lawyer will review your child's needs and estimate the cost of treatment over the course of a lifetime to ensure that you are compensated for your expenses.

You must prove that the healthcare professional owed you obligations, and that they did not fulfill their obligation, and that their negligence caused the injury to your child. It is usually necessary to have medical experts review the situation and provide an opinion basing on their previous experience.

Depending on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth took. Your legal team will send letters to each of these parties informing them that a medical malpractice claim has been made and that they have an opportunity to settle the matter prior filing an action.

Pain and suffering

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

Parents must show that the medical professional or facility did not operate in accordance with the standard of care in order to be able to make a claim. This means that the physician or hospital was negligent in their expertise or judgment in a situation where their action or inaction caused the victim to suffer a medical injury. Both sides frequently employ medical experts to help define the norm. Specialists, such as doctors of obstetrics, are held accountable to higher standards.

Most birth injury cases settle, rather than go to trial. Trials are costly, time-consuming and expensive. Settlements allow families to receive financial compensation earlier and in a less threatening process. Settlements ensure that future needs of a child are addressed. This may include the costs of a disability van or home modifications, as well as specialized equipment as well as ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

Punitive damages are the most severe awards juries can award in a birth injury case. These damages are often given to punish the perpetrator and prevent others from engaging in similar crimes. These awards are also intended to ensure that victims feel their cases have been taken seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. They may also pursue a lawsuit seeking punitive damages, if they are appropriate. Punitive damages are based on the defendant's behavior and a finding of moral indecency. They typically amount to four times the other damages awarded.

A lawyer can help you win you a significant amount of money to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Certain states have caps on the amount of compensation a victim may receive. Virginia is an example. Virginia restricts damages to the cost of treatment until a victim reaches their 10th birthday. Other states have limitations on pain and suffering as well as other types of damages.

Damages for noneconomic damages

In many cases children's injuries cause ongoing care. This includes medical treatment as well as therapies and other expenses. This can include future lost wages if the injury is interfering with the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will assist you estimate the full amount of the injuries your child sustained including non-economic damages. They will collaborate with experts to develop a case to show how severely your child was harmed and the impact it had on their life. They will also make use of expert witnesses to prove the doctor's lapse of duty of care.

They may also request access to your child's medical records. They are crucial to your case. It is essential to request these immediately if you suspect a birth injury as they are frequently lost, misplaced, or destroyed. Your attorney can help you in obtaining these documents as fast as is possible.

Damages for economic damage

A birth injury can cause a range of expenses that are not immediately evident. These costs include medical expenses already and the costs of therapy to come including in-home or institution-based care, medication, adaptive equipment and transportation to and from therapist or doctor's appointments.

A severe disability can restrict the ability of an individual to earn a decent living. This could have a ripple affect on the finances of the family. Parents may have to give up their jobs or quit their jobs completely to take care of disabled children. This can lead to the loss of earnings.

Parents who file a birth injury claim should keep track of all costs and losses in order to determine the amount they can be awarded. If a court or jury gives damages, they take into account the victim's needs throughout their life. The higher the award and the more accurate the estimate of future medical costs. Non-economic damages can be difficult to put a price on but they can be awarded as well. They include emotional suffering, distress, loss in quality of life, and loss of consortium.