Birth Injury Compensation

It could be devastating If your child suffers a birth injury as a result of the negligence of a doctor. These injuries could require long-term treatment and care. The family will be left with enormous financial costs.

Additionally, a lot of birth injuries cases require a complex argument over medical errors versus malpractice. Our attorneys can help you to understand the distinctions.

Costs of Treatment

When determining how much to give for a birth injury, insurance companies attorneys and judges evaluate the extent of the injury and its impact on the child's quality of life. For instance in the event that a child requires constant medical attention that will increase the value of a claim.

Medical treatment for birth injury is often expensive. The compensation for a birth injury will help families pay for these costs. Lawyers and experts often collaborate to create a "Life Care Plan" that calculates the costs of a child’s injury over a lifetime. This includes hospitalization costs, surgical intervention, specialized medical treatment and prescriptions, home improvement projects and equipment, and much more.

Your legal team will gather medical documents from your child's pregnancy and birth as well as firsthand reports from family members. These documents will be used to show that your child was injured as a result of medical malpractice, and also to prove the extent to which the injury occurred.

Many states have established medical indemnity funds that provide financial aid to families of children born with birth injuries. These funds take a percentage of malpractice insurance premiums, or require doctors and hospitals to contribute to an investment fund. These programs can offer families financial support and help reduce the need to file a suit. However, JLARC staff found that these programs don't always meet their objectives and could be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic ischemic encephalopathy are likely to have long-term medical needs. These needs include physical therapies or equipment for specialized use, as well as home health care. The costs for these can be substantial.

A life-care plan is a document that specifies the future medical education, in-home, and other costs that disabled children are expected to pay for the rest of his or their life. These plans are often used to help calculate the economic component of damages in a case of birth injury. They should be comprehensive and carefully designed to meet the strict evidentiary requirements for admission in the court.

Life-care planners can assist to create these documents in accordance with the input and opinions of a disabled child's doctors caregivers, therapists, and doctors. The plans also include a detailed narrative of the injury that caused it and its diagnosis. They explain the underlying causes of the impairment as well as the long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to create the most appropriate plan for their clients' situation. The goal of the plan is to ensure that your child receives adequate compensation to cover the cost of all of their future medical expenses and care. The money is usually put in a trust to cover special requirements, which is managed by an administrator approved by the trustee. Typically the amount granted will be adjusted over time to reflect the changing needs of your child's requirements.

Suffering and Pain

In a birth-related injury case there are damages awarded for the plaintiff's future and past pain and suffering. This includes the physical and attorneys mental pain caused by the injury as well as the inability to take part in activities that others could be able to do.

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 typically have very high verdicts, since juries tend to show sympathy for the victims and hold doctors accountable for their errors. This is why many doctors and hospitals prefer to settle instead of taking on a trial, which is expensive and stressful for the parties involved.

During the trial attorneys from both sides will collect evidence to prove their points. They will share documents in a process known as discovery, which includes taking testimony from witnesses under oath. In many states, defendants are able to request access to the plaintiff's records.

A successful birth injury attorney injury lawsuit requires an experienced lawyer in these kinds of cases. An experienced lawyer will evaluate your case to determine whether you are entitled to a lawsuit and work to obtain the most favorable settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, which are meant as a warning and to discourage future negligence. These damages can be awarded when there is a significant amount of negligence or malice on the part the doctor. They are uncommon when it comes to birth injuries.

After the attorney has identified appropriate defendants, they must collect and analyze evidence to support their assertions. They must establish that the injuries sustained by medical professionals did not meet the standard of care. The legal team also has to prove the losses that were incurred with the injuries, which are known as "damages." These damages could be economic or non-economic.

The economic losses are usually calculated by taking into account the cost of the child's ongoing care, which includes long-term care facilities and other services. They can also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will prepare the demand package which they will present to the malpractice insurers. This document will describe the birth injury and its effect on the child's and family and request compensation to cover the cost of these loss. The attorneys will negotiate with medical providers until a settlement is reached. In this process, attorneys will exchange information about their cases with the opposing side through discovery, which entails depositions of witnesses who swear to their testimony under an oath.