Birth Injury Compensation

If your child suffers a birth injury attorney injury as a result of the negligence of a doctor or wrongful decision, it could be devastating. These injuries often require lifetime treatment and care, leaving you with immense financial burdens.

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

Costs of Treatment

In determining the amount to award for a birth injury lawyers from insurance companies and judges take into account the severity of the injury and its impact on the child's life quality. For instance the child who suffers from a medical condition requires continuous medical treatment which will raise the value of the claim.

The medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury will help families pay for these expenses. Lawyers often collaborate with experts to create an "Life Care Plan," which calculates the life-time expenses incurred by a child's accident. These include hospitalization expenses, surgical intervention, specialized medical treatment, prescriptions, home renovations and equipment, as well as other.

Your legal team will gather medical documents from your child's birth and pregnancy as well as firsthand accounts from family members. They will be used to prove that your child suffered an injury as a result of negligence in the medical field and to show the extent of the harm caused.

Many states have established medical indemnity fund that provides financial aid to families with children born with birth injuries. These funds may either take part of malpractice insurance premiums or require hospitals and doctors to contribute to a resource pool. These programs can help families with financial assistance and lessen the need to file a suit. JLARC staff however, discovered that these programs did not always achieve their goals and could be improved.

Life Care Planning

Children suffering from conditions like hypoxic or cerebral palsy will require medical attention throughout their lives. This includes physical therapies as well as specialized equipment and home health care. These costs can be quite substantial.

A life-care plan is a document that specifies the future medical, educational, in-home and other expenses that the child with disabilities will be liable for for the rest of his or her life. These plans are often used to determine the economic portion of the damages awarded in a case of birth injury. These plans must be thorough and carefully written in order to comply with the strict requirements for admissibility.

Experts in life-care planning may help develop these documents using input and the formal opinions of a disabled child’s doctors, therapists, and caregivers. The plans contain a thorough narrative about the initial injury and its diagnosis. They provide the reason for the disability and its long-term consequences.

A medical malpractice lawyer should work with a life care planner to draft the best possible plan for their client's needs. The goal of the plan is to ensure that your child receives adequate compensation to cover their future expenses and medical care. The money is usually put into a special needs trust that is managed by a reputable administrator. Typically, the amount of funds awarded will be adjusted periodically to accommodate changes in your child's needs.

Suffering and Pain

In a birth injury lawsuit, damages are awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental suffering caused by the injury, as also the inability to engage in activities that others can do.

You may also be able to recover lost income if a victim's injury affects their work options or prevents them working at all. Additionally, families could be compensated if needed to take care of the child who is injured.

The verdicts in medical malpractice cases are often extremely high, since juries are often sympathetic to victims and hold doctors responsible for their errors. Because of this, many doctors and hospitals prefer to settle instead of risking the possibility of a trial, which is expensive and stressful for the parties involved.

During the lawsuit, lawyers for both sides will collect evidence to support their arguments. They will exchange documents during the process known as discovery, which involves deposing a witnesses to get their statements under oath. In most states, defendants can ask to see the records of the plaintiff.

A successful birth injury claim requires a lawyer with experience in these kinds of cases. An experienced lawyer will examine the facts of your case to determine if it satisfies the requirements for a lawsuit, and seek out the most favorable financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages, which are designed to convey a message and discourage future reckless behavior. These damages are awarded when there is a high degree of malice or negligence on the part the doctor. They are rare in cases of birth injury.

Once the attorney has identified the proper defendants, they must examine and gather evidence to support their assertions. They must show that the injuries caused by the medical professionals did not meet a high standard of medical care. The legal team must also provide evidence of losses associated with the injuries, which are known as "damages." These damages can be either economic or non-economic.

Economic losses are figured out by estimating ongoing treatment costs, which includes long-term facilities as well as other services. They could also consider loss of earnings in the event that the accident caused one or both parents to quit their jobs.

The legal team will prepare a demand letter that they can present to the malpractice lawyers. The document will explain the birth injuries and their effects on the child and the family, and request compensation for the loss. The lawyers will negotiate with the medical professionals until an agreement is reached. During this process, lawyers will share information about their cases with the other side through discovery, which includes taking depositions from witnesses who testify under the oath.