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How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries during birth, you could be entitled to compensation. Generally, the amount of compensation you receive will depend on a variety of factors.

The process of bringing a lawsuit begins with your attorney filing a complaint against the defendants. Both sides will then participate in discovery where they will exchange evidence and other information including medical records.

Medical expenses

Medical expenses related to birth injuries can vary significantly based on the nature of your child's injuries. For example, broken bones may require surgery to fix them and can result in long-term physical therapy costs. Similar to that, nerve damage from physical pressure or rough handling can cause permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the costs of treatment over the course of their lives to ensure you are compensated in a sufficient amount.

You must demonstrate that the healthcare professional was owed a duty, that they breached this duty and that their failure resulted in your child's injuries. It is usually essential to have medical experts review the situation and give their opinion in light of their experience.

Depending on the circumstances depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your baby, the medical assistants and the hospital the birthing room. Your legal team will send letters to all of these parties notifying them that a medical malpractice claim has been filed and that they have the chance to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for the physical and emotional harms suffered by children. The amount of damages the family is awarded depends on the severity of the injury and the impact on the child's life.

Parents must demonstrate that the medical professional or facility did not operate in accordance with the standard of care in order to win an award. This means that a physician or hospital's actions, or inactions, caused a medical injury. Both sides often hire medical experts to help define the standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, risky and time-consuming. Settlements allow families to receive financial compensation earlier and in a less threatening process. Settlements will ensure that the needs of the future of children are met. This could include the expense of a wheelchair van home modifications, specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are among the most severe awards that juries can award in cases involving birth injuries. They are usually awarded to penalize the wrongdoer and to deter others from doing similar offenses. The aim of these awards is to convince victims that their case was taken seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damages. If appropriate, they can also file a lawsuit for punitive damage. Punitive damages are granted based on the defendant's actions or a determination of moral immorality. They are usually four times more than other damages awarded.

A lawyer can assist you to receive a substantial settlement to cover medical expenses for your child and other financial losses. They can also file a lawsuit for emotional trauma and other non-financial losses. Some states put caps on the amount of compensation a victim may receive. Virginia is an example. Virginia caps damages at the cost of treatment, up to the victim reaches their 10th birthday. Other states restrict damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many cases, a child's injuries will cause ongoing care. This includes medical treatment as well as therapies and other expenses. This may include the loss of future wages if an injury interferes with the child's capacity to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injury, including economic damages as well as. They will collaborate with expert witnesses to build a strong case to show the extent of your child's injuries and their impact on their life. They will also rely on expert witnesses to prove the doctor's violation of duty of care.

They could also ask for access to your child’s medical records. They are essential to your case. It is crucial to obtain them as soon as you suspect a birth injury as they are frequently lost or misplaced. They can also be destroyed. Attorneys can assist you in obtaining these documents as soon as possible.

Economic damages - Damages

A birth injury lawyer injury can result in a variety of expenses that aren't immediately obvious. These costs include medical bills that have already been incurred, along with projected costs for therapy to come, in-home care, institutional treatment, medications, adaptable equipment, as well as transportation to and from therapist and doctor appointments.

Additionally, a severe disability can hinder an individual's ability to earn an income that is sufficient. This can also have a ripple effect on a family's finances. Parents may be forced to give up their jobs or stop working altogether to take care of the child with disabilities. This could lead to loss of earnings.

Parents who are pursuing a claim for birth injuries should keep track of all these costs and losses in order to determine their maximum possible award. When a jury or a court awards damages, they take into account a victim's lifelong requirements. The more precise the estimation of future medical costs and losses, higher the award amount will be. Non-economic damages can also be awarded, even though they are harder to quantify. These include emotional distress, pain and suffering as well as loss of quality of life and loss of consortium.