How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. The amount of compensation you receive is contingent on a variety of variables.

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

Medical expenses

Medical expenses for birth injuries can be very different depending on the severity of the injury. For instance, broken bones may require surgery to fix and may result in long-term physical therapy costs. In the same way nerve damage resulting from the pressure of a hand or rough handling could cause long-term discomfort and limitations. Your lawyer will review your child's medical requirements and determine the estimated costs for treatment over the course of their lives to ensure enough compensation to cover them.

You must prove that a healthcare professional owed obligations to you, that they violated that obligation, and that the breach caused injuries to your child. It is usually necessary to have medical experts examine the case and provide their opinion basing on their previous experience.

Depending on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth took place. Your legal team will write to all of them to inform them that a claim for medical malpractice has been filed. They can settle the matter without filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in compensation for physical and emotional injuries suffered by children. The amount of compensation a family receives depends on the severity of the injuries and the impact on a child's life.

To win a claim, parents must prove that an medical professional or institution failed to act according to the standard of care. This means that the physician or hospital acted with a lack of ability or judgement in the event that their actions or inaction led to an injury to a patient. Both sides usually employ medical experts to help define the acceptable standards. Specialists like obstetricians are held to higher standards than generalist physicians.

Most birth injury law firms injury cases settle, rather than go to trial. Trials can be costly, risky and time-consuming. A settlement allows families to receive financial compensation faster and in a more amiable way. Settlements also ensure that a child's future requirements are fulfilled. This can include the cost of a disability van or home modifications, as well as specialized equipment in addition to ongoing medical treatment for illnesses such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe award a jury could make in cases involving birth injuries. They are often given to punish the perpetrator and discourage others from committing similar offenses. The purpose of these awards is to make victims feel that their cases have been taken seriously.

A New York City personal injury lawyer can help you determine the worth of your claim, including non-economic damages. They may also file a lawsuit for punitive damages, in the event that they are appropriate. Punitive damages can be given based on the defendant's behavior or a finding of moral immorality. They are typically four times more than other damages that are awarded.

A lawyer can assist you to get a substantial amount of money for your child's medical expenses and other financial losses. They can also file a suit for emotional trauma and other damages that are not financial. Some states limit the amount of compensation that the victim can receive. Virginia, for example, caps damages at the cost of healthcare up to the tenth birthday of a victim. Other states also have limits on pain and suffering, as well as other damages.

Damages for non-economic damages

In many cases, a child's injuries will result in ongoing care. This can include medical treatment therapies, as well as other costs. It could also cover future lost earnings if the accident will interfere with the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injury including non-economic damages. They will work with experts to develop a case to show the extent to which your child was harmed and the effect on their life. They will also use expert testimony to show that the doctor did not fulfill their duty of care.

They could also request access to your child's medical records. These are critical to your case. These documents are important to request as soon as you can in the event of an injury to your birth. They could be lost, misplaced, or destroyed. Attorneys can assist you in getting these documents as quickly as possible.

Damages for economic damage

A birth injury could result in a myriad of costs that are not immediately obvious. These expenses include medical charges that have already been paid, as well as the anticipated costs of future therapy including in-home or institution-based care as well as adaptive equipment, medication and travel to and away from appointments with therapists and doctors.

A severe disability can restrict the ability of an individual to earn a decent living. This could also have a ripple effect on the finances of a family. Parents might be forced to give up their jobs or cease working altogether to take care of disabled children. This could result in lost wages.

Parents who file a birth injury claim must keep track of all costs and losses in order to determine their maximum potential award. When a jury or court decides to award damages, it takes into account the victim's needs for the rest of their life. The more precise the estimation of future medical costs and losses, higher the award amount will be. In addition, non-economic damages can be granted even though they are more difficult to quantify. These include emotional suffering, distress as well as loss of quality of life and loss of consortium.