Birth Injury Compensation

Children with birth injuries deserve all the resources they require to lead a full and fulfilling life. Settlements can provide them with the financial compensation they need to access these resources.

A petition can be filed by the personal representative of an infant injured or his parents, guardian ad litem, or the next of family members. In the event of filing such a petition, a rebuttable assumption shall arise that the incident alleged to be caused by birth is a neurological injury as described in SS 38.2-5001.

Medical expenses

It can be incredibly upsetting to learn that a child has suffered from an injury to their birth because of medical negligence. Apart from the emotional pain that can result as a result of the injury, financial burdens can be substantial. Parents have to pay for immediate medical treatment, and they could be required to spend their entire life on therapies and other treatments to help their injured child live a happy life.

Your lawyer will examine the evidence to show that the health professional made a mistake that directly contributed to your child's injuries. The attorney will then estimate the future costs of your child to include in a demand for compensation. These costs are called economic damages.

You may be able to claim non-economic damages in addition to paying for medical expenses of your child and any other expenses associated with it. This will compensate you and your family members for the pain and suffering your child has suffered. These damages are less quantifiable and can include mental anguish and disfigurement and other intangibles.

Many states have passed medical indemnity plans to cover the future medical and rehabilitation costs for those suffering from serious birth injuries. These funds take a share of malpractice insurance premiums, or require doctors and hospitals to contribute to the fund. For example New York's Medical Indemnity Fund provides lifetime payments for adults and children with a brain injury from birth.

Suffering and pain

The cost of providing your child with lifetime medical care and treatment after an injury to their birth is extremely expensive. Even minor injuries can quickly add up. The pain and suffering associated with these injuries could be equally high and you are entitled to compensation for it.

Always consult with an attorney prior to speaking to anyone at the hospital or insurance company, regardless of how serious the injuries are. You might be able use the information you provide against them, and they may try to decrease your compensation. This is why it's vital to consult with an experienced birth injury lawyer prior to doing anything else.

After consulting with an attorney, they will work to build a strong case for your child and their injuries. This could include getting expert testimony to back your claim. They can also obtain depositions, or sworn statements, from the lawyers of the defendants and any other party involved in the case.

When your lawyer has the necessary evidence, they will submit an demand package (a document that contains all of the details) to the doctor and hospital responsible. The document will detail the circumstances of your child's injuries and the way they were caused by medical malpractice. The document will also include documents and records to back your claims. If your doctor rejects the offer, your lawyer will file a lawsuit.

Future care costs

Birth injuries of severe severity can result in costly long-term medical care that can affect families financially. For instance, a child diagnosed with cerebral palsy must receive lifelong therapy which will likely involve medical interventions, such as surgeries as well as home health care aides, medication, therapy sessions, doctors' visits and prescriptions. These expenses can quickly mount up and have a significant impact on a family's life.

In some cases birth injury lawyers engage an expert to produce a "life plan" that will estimate the future needs dependent on the patient's medical history and age. It also includes estimates of the annual cost for things such as medications, therapies, doctor visits and attendant care, future lost income, transportation and home renovations.

These damages are typically the largest portion of a settlement or jury verdict in a birth injury lawsuit, and are designed to improve the victim's future quality of life. Some states limit noneconomic damage and this can be applied to birth-related injuries.

Many hospitals, doctors and insurance companies are reluctant to admit their negligence or accept a payment for birth injuries. Most lawyers will accept a settlement rather than going to trial. A lawyer will draft an offer package and then send it to medical professionals involved in the case with a full explanation of the circumstances underlying your child's injuries. If the doctor or hospital refuses to comply with the conditions of the contract, your lawyer will file a lawsuit.

Economic Damages

A birth injury is expensive to treat, and Birth injury Lawyers patients can anticipate to require expensive care for a long time or birth injury lawyers even their entire lives. The economic damages in these cases may include past and future medical expenses, as well in other expenses associated with the victim's care, such as mobility accommodations. These are usually estimated by a specialist expert witness.

Parents are also entitled to compensation for the emotional stress caused by the trauma and the knowledge that their child's medical malpractice could have been prevented. Some states have laws that recognize this emotional trauma and giving victims non-economic damages for it.

It's crucial for families to keep in mind that although many birth injuries lead to grave and debilitating conditions however, children can also lead productive lives if they have the proper support. That's why it's crucial that they receive the financial resources necessary to give them the best chance for a happy and successful life.

A family may sue a hospital or doctor that caused their child's injury with the assistance of a skilled lawyer. They will analyze the case thoroughly and gather additional evidence to back their claim that the medical professional did not uphold a standard of medical care. They'll then negotiate with the defendants in order to determine whether a settlement is reached. If not, they will file an action.