Birth Injury Compensation

If your child suffers a birth injury due to the negligence of a doctor or an unjust act, it can be devastating. These injuries could require long-term treatment and care. You'll be faced with huge financial costs.

Additionally, many birth injury law firm injury cases involve a complex argument over medical mistakes versus malpractice. Our lawyers can help you understand the differences.

Costs of Treatment

Insurance companies, attorneys, and judges look at the severity of the birth injury as well as the impact it has on the child's development in determining the amount of compensation to be awarded. For instance the child who suffers from a medical condition requires an ongoing medical procedure, this will increase the value of an insurance claim.

Medical treatment for birth injuries can be very expensive. The compensation for a birth injury can assist families in paying for the costs. Lawyers and experts often collaborate to develop an "Life Care Plan" that calculates the costs of a child's injury over the course of his or her life. These include hospitalization costs and surgical procedures, as well as specialized medical treatment prescriptions, home improvements and equipment, and much more.

Your legal team will collect medical records from your child's birth as well as pregnancy as well as firsthand accounts from relatives. They will use these records to demonstrate that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have established medical indemnity funds that provide financial aid to families of children who have suffered birth injuries. These funds are a source of a portion of the malpractice insurance premiums or require hospitals and doctors to contribute to an account of resources. These programs can offer families financial support and reduce the need to file a suit. However, JLARC staff found that these programs don't always meet their goals and could be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have long-term medical needs. These requirements include physical therapy, specialized equipment and home health care. The costs for these can be significant.

A life-care planning plan is a document which outlines the future medical, educational home, and other expenses that a child with disabilities is likely to be liable for birth injury lawsuit throughout their lifetime. These plans are typically used to help calculate the economic portion of the damages awarded in a birth injury lawsuit. These plans should be thorough and carefully designed to satisfy the strict requirements of admissibility.

Life-care experts can assist in the creation of these documents based on feedback and formal opinions from the child's doctors or therapists as well as caregivers. The plans provide a detailed description of the initial injury and its diagnosis. They describe the underlying causes of the disability and the long-term consequences.

A medical malpractice attorney should collaborate with a planner for life to come up with the best plan for their client's needs. The plan's goal is to ensure your child receives enough compensation to cover all of their future expenses and health care. The funds awarded are typically put into a special needs trust which is administered by an approved administrator. The amount of money awarded is usually adjusted periodically to reflect changes in the future needs of your child.

Pain and Suffering

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

It is also possible to recuperate for the loss of income when a victim's disability limits their career options or prevents them from working. Families can also be compensated to help care for an injured child.

Medical malpractice cases usually have extremely high verdicts, as juries tend to show sympathy for victims and hold doctors accountable for their errors. Because of this, many hospitals and doctors choose to settle instead of risking an appeal, which can be costly and stressful for the parties involved.

During the lawsuit lawyers on both sides will collect evidence to prove their points. They will exchange documents in a process known as discovery, which involves deposing witness to get statements under an oath. In most states, defendants are able to request to view the plaintiff's records.

An experienced lawyer who has handled this type of case is essential to make a successful claim for birth injury. A seasoned attorney will analyze your case to determine whether you are entitled to a lawsuit and will help achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are intended to communicate a message and discourage any future negligent behavior. They are awarded in cases that involve serious negligence or where there was malice on the part of the medical professional. They are rare in the case of birth injuries.

After the attorney has identified proper defendants, they must gather and Birth Injury Lawsuit analyze evidence to support their assertions. They must prove that the injuries caused by the medical professionals were not up to standards of care. The legal team is also required to provide evidence of the damages resulting from these injuries, known as "damages." This information can be both economic and non-economic in nature.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing care, which includes long-term care facilities and other services. They can also include lost earnings in the event that an injury caused both or one parent to lose their job.

The legal team will then create a demand document to present to the malpractice carriers. The document will explain the birth injuries, and their impact on the child as well as the family, and request compensation for the loss. The attorneys will negotiate until a settlement is reached with the medical practitioners. During this process, the lawyers will share information about their cases with the other side through discovery, which involves depositions of witnesses who take testimony under oath.