How a Birth Injury Claim Works

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

The lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will participate in discovery, during which they share information and evidence, including medical records.

Medical expenses

Medical costs for a birth injury vary widely in relation to the severity the injury. For example broken bones can require surgery to repair and could result in ongoing physical therapy costs. Additionally, nerve damage caused by pressure from a manual or rough handling during delivery can cause long-term limitation and pain. Your lawyer will evaluate the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure you get the right amount of compensation.

You will need to establish that the healthcare professional owed you a duty, that they did not fulfill their obligation, and that their lapse caused the injury to your child. The most common way to prove this is for medical experts to examine the situation and give an opinion based on their experience.

Based on the circumstances depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, the staff members and the hospital in which the birth occurred. Your legal team will contact all of them to inform them that a claim for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Suffering and pain

A birth injury lawsuit can result in a settlement for physical and emotional injuries suffered by children. The amount of compensation families receive is determined by the severity of the injuries and their effects on a child's daily life.

Parents must prove that the medical professional or facility did not behave in accordance with the standard of care in order to win a claim. This means that the doctor or hospital acted with a lack of expertise or judgment in an instance in which their actions or inaction led to injuries to the body. Both sides frequently employ medical experts to help determine the acceptable standards. Specialists like obstetricians are held to higher standards than generalist physicians.

The majority of cases involving birth injury attorney injuries settle rather than going to trial. Trials can be expensive, time-consuming and expensive. Settlements enable families to receive financial assistance sooner and in a more amiable way. Settlements ensure that the future needs of a child are met. This could include the cost of a wheelchair van and home modifications, as well as specialized equipment and ongoing medical treatment.

Punitive damages

In a case of birth injury, punitive damages may be the most severe verdict that a judge can award. They are usually awarded to punish the wrongdoer and discourage others from engaging in similar crimes. The purpose of these awards is to make the victims believe that their cases were taken seriously.

A New York City personal injury lawyer can help you assess the value of your case, including non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are determined based on a defendant's behavior or on a remark of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can help get you a substantial amount to pay for your child's medical expenses and other financial losses. They may also file a suit to recover emotional trauma as well as other non-financial damages. Certain states limit the amount of compensation the victim could receive. Virginia for instance, is able to limit damages to the cost of treatment to the victim's tenth birthday. The other states have limits on pain and suffering and other damages.

Damages for non-economic damages

In a majority of cases children's injuries cause ongoing medical treatment. This includes medical treatment therapies, as well as other costs. It may also include lost earnings if the accident will interfere with the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will assist in calculating the total expense of your child's injuries including non-economic damages. They will collaborate with expert witnesses to build a strong case that demonstrates the severity of your child's injuries as well as their effects on their life. They will also use expert witnesses to prove the doctor's breach of duty of care.

They could also request access to the medical records of your child. These are crucial to your case. It is essential to request these immediately if you suspect that there is a birth injury as they are often lost, misplaced, or destroyed. An attorney can assist you obtain these documents as fast as possible.

Compensation for economic damages

A birth injury could cause a number of expenses that may not be apparent immediately. These include medical expenses already incurred, as well as the projected costs for therapy in the future, in-home care, institutional treatment, medications, adaptable equipment, as well as travel to and from therapist and doctor appointments.

A disability that is severe can restrict the ability of an person to earn a living. This could cause a ripple effect on the finances of a family. Parents might need to quit their job or quit all work to take care of an ailing child, which can lead to the loss of wages.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine their maximum potential award. When a court or jury decides to award damages, they take into account the victim's ongoing needs. The higher the amount awarded is, the more precise the estimation of the future medical expenses. Non-economic damages are also granted even though they are harder to quantify. These include emotional suffering, distress loss of quality of life, and loss of consortium.