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How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child suffers injuries in the course of birth. The amount you receive depends on several variables.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will participate in discovery, during which they share information and evidence, including medical records.

Medical expenses

Medical expenses related to birth injuries can vary in a significant way based on the nature of your child's injuries. For example broken bones might require surgery to repair and can lead to costly physical therapy over the long term. Similar to that nerve damage resulting from the pressure of a hand or rough handling could cause long-term discomfort and limitations. Your lawyer will analyze the needs of your child and estimate the cost of treatment over a lifetime to ensure you receive enough compensation.

You will need to establish that the healthcare professional was owed an obligation, that they did not fulfill their obligation, and that their lapse caused the injury to your child. This typically requires medical experts to examine the case and give an assessment based on their knowledge.

Based on the circumstances, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that gave birth to your child, the assistants and the hospital in the birthing room. Your legal team will write to all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing a lawsuit.

Suffering and pain

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

To win a claim parents must show that a medical professional or a facility failed to perform their duties in accordance with the standard of care. It means that a physician or hospital's actions, or inactions, caused a medical injury. Both sides usually employ medical experts to help determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

Most cases involving birth injuries settle rather than going to trial. Trials are risky, time consuming and costly. Settlements enable families to receive financial compensation faster and in a less tense manner. Settlements ensure that future needs of children are met. This can include the cost of a wheelchair van and home modifications, as well as specialized equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe awards that a jury may make in cases involving birth injuries. They are often awarded in order to punish the perpetrator and prevent others from making similar mistakes. These awards are also designed to make victims feel their cases have been taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. If appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the defendant's conduct and the conclusion of moral turpitude. They are typically four times the amount granted.

A lawyer can win you a substantial amount to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other damages that are not financial. Some states limit the amount of compensation the victim can receive. Virginia is one example. It caps damages at the cost of care through the victim's tenth birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

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

Your lawyer will assist you determine the total cost of your child's injury as well as non-economic damage. They will work with experts witnesses to build a solid case to show the extent of your child's injuries as well as their impact on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They may also request access to your child's medical records. These are essential to your case. These documents are important to request as soon as possible if you suspect that you have suffered a birth trauma. They could be lost, misplaced or destroyed. Your attorney can help you get these documents as soon as you can.

Economic damages - Damages

A birth injury law firm injury can result in a variety of costs that are not immediately apparent. These include medical expenses already incurred, and also projected expenses for future therapy, in-home care, institutional treatment, medications, adaptive equipment, and transportation to and from doctor and therapist appointments.

A disability that is severe can hinder an individual to earn a living. This can also cause a ripple effect on the finances of the family. Parents might have to take a break from their work or quit their jobs completely to take care of disabled children. This can lead to losing earnings.

Parents who are pursuing a claim for birth injuries should keep track of all costs and losses to determine the amount they can be awarded. When a jury or court decides to award damages, it takes into account the victim's needs throughout their life. The higher the award is, the more accurate the estimate is of future medical costs. Non-economic damages are harder to put a price on however they are awarded as well. These may include emotional distress, pain and suffering and loss of quality of life, and loss of consortium.