Birth Injury Compensation

It can be a devastating experience when your child suffers birth injury due to a doctor's negligence. These injuries often require lifetime treatment and treatment, which can result in huge financial burdens.

Many birth injury cases also involve a tense debate about medical malpractice versus medical errors. Our lawyers can clarify the differences.

Costs of Treatment

In determining the amount to award for a birth injury, insurance companies attorneys and judges take into account the severity of the injury and the impact it has on the child's quality of life. If a child requires extensive medical treatment that lasts for a long time the value of the claim will rise.

Medical treatment for birth injuries can be expensive. Compensation for birth injuries can help families cover these costs. Lawyers often work with experts to create a "Life Care Plan" which estimates the lifelong expenses incurred by a child's accident. This includes hospitalization costs including surgical interventions, specialized medical treatment prescriptions, home improvements and equipment, as well as other.

Your legal team will gather medical documents from the time of your child's birth and pregnancy as well as firsthand accounts from relatives. These documents will be used to prove that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have enacted medical indemnity funds in order to offer financial aid to families of children who suffer from birth injuries. These funds pay a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to a pool of resources. In addition to providing monetary assistance, these programs may also decrease the necessity for families to file a lawsuit. JLARC staff however found that these programs didn't always meet their goals, and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have ongoing medical requirements. These requirements include physical therapy, specialized equipment, and home health. The costs for these can be significant.

A life-care plan is a document that specifies the future medical educational, in-home, and other costs disabled children will have to pay for the rest of his or their life. These plans are frequently utilized to calculate the economic component of damages in a birth injury lawsuit. They must be thorough and carefully drafted to satisfy the strict requirements of evidence for legal admissibility in court.

Life-care planning experts can assist in the creation of these documents based on information and formal opinions from a disabled child's doctors as well as therapists and other caregivers. The plans also contain an in-depth description of the injury's initial diagnosis. They describe the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice lawyer must collaborate with a health care planner to draft the most suitable plan for their clients' situation. The plan's purpose is to ensure that your child receives enough compensation to cover all of their future expenses and health care. The money is usually placed into a special needs trust which is administered by an approved administrator. The amount of money given is typically adjusted regularly to reflect changes in the future needs of your child.

Suffering and Pain

In a birth injury lawsuit, damages are awarded for a plaintiff's past and future suffering and pain. This includes physical and mental discomfort caused by the injury as well as an inability to engage in activities that are enjoyed by others.

It is also possible to recuperate for the loss of income when an individual's disability restricts their career options or prevents them from working in any way. Families could also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases tend to be extremely high, since juries tend to be compassionate towards victims and hold doctors responsible for their errors. Many doctors and hospitals settle rather than risk a trial that is expensive and stressful for everyone involved.

During the lawsuit, lawyers for both sides will gather evidence to justify their arguments. They will share documents during a process called discovery, which entails interviewing witnesses to obtain their statements under an oath. In many states, defendants can demand access to the plaintiff's records.

A successful birth injury lawsuit requires a lawyer with experience in these kinds of cases. A seasoned attorney will analyze the circumstances of your case, determine if the case meets the requirements for a lawsuit and make sure you get the best financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are intended to convey a message and prevent future negligence. They are awarded in cases that involve grave negligence or when there was negligence on the part of the medical professional. They are rare in the case of birth injuries.

Once the attorney has identified the appropriate defendants, they have to collect and analyze evidence to back up their claims. They must prove that the injuries caused by medical professionals failed to meet an acceptable standard of care. The legal team also has to prove the losses associated with these injuries, also known as "damages." This information can be economic or non-economic in nature.

The economic losses are usually calculated by estimating the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They can also include lost earnings if an injury resulted in both parents to lose their job.

The legal team will draft an order package that they will present to the malpractice insurance companies. The document will explain the birth injuries and the impact they have on the child as well as the family, and request compensation for the losses. The lawyers will negotiate until a settlement is reached with the medical professionals. During the discovery process, attorneys will share information with the other party about their cases. This includes depositions of witnesses that testify on oath.