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Birth Injury Compensation

Children who suffer birth injuries should to have the resources necessary to lead a fulfilled life. Financial compensation from a settlement can help them get the resources they need.

A petition may be filed by a personal representative, parents, guardian or the next of-kin of an injured child. In the event of filing such a petition, a rebuttable presumption shall arise that the injury alleged is a birth-related neurological injury as defined in SS 38.2-5001.

Medical expenses

It can be very upsetting to discover that a child was injured at birth injury due to negligence in the medical field. In addition to the emotional turmoil it can be a huge financial burden. Parents are required to pay for immediate medical treatment, and they may have to spend a lifetime on therapies and other treatments in order to allow their child who has been injured live a happy life.

Your lawyer will examine the evidence to determine if a health care provider made a mistake that directly contributed to the injuries suffered by your child. Then, he will determine your child's future costs to be included in the claim for compensation. These expenses are referred to as economic damages.

You may be able to claim non-economic damages, in addition to paying for medical bills of your child as well as any other expenses associated with it. This will pay you and your loved ones for the pain and suffering your child has suffered. These damages are less than quantifiable. They can include mental distress, disfigurement and other intangibles.

Many states have instituted medical indemnity programs to cover future medical and rehabilitation expenses for those who suffer serious birth injuries. These funds are financed by a portion of malpractice insurance premiums or require doctors and hospitals to contribute. New York's Medical Indemnity Fund, for example, provides lifetime payouts to children and adults who suffer from a neurological birth defect.

Pain and suffering

It's extremely costly to provide your child with medical attention throughout their life after the trauma of birth. Costs can add up quickly even for children with minor injuries. The pain and suffering associated with these injuries may be equally severe and you are entitled to compensation for it.

You should always consult an attorney before speaking to anyone at the hospital or insurance company, regardless of how serious the injury is. What you tell these people can be used against your case, and they will try to reduce the amount of compensation you receive. It is important to speak with an experienced birth injury attorney before making any other decision.

After you've spoken with an attorney, they'll develop a convincing case for your child and the injuries they sustained. This includes the gathering of expert witness testimony to support your claim. They also will take depositions, or sworn declarations from the defendants' lawyers and any other party involved in the case.

If your lawyer has enough evidence, they'll send an demand package (a document that contains all the details) to the doctor and hospital responsible. This document outlines the facts of your child's injuries and how they were triggered by medical malpractice. It will also contain documents and records that support your claims. If the doctor refuses to accept your offer the lawyer will file an action.

Future care costs

Birth injuries that are severe can lead to costly long-term care that impacts families financially. A child suffering from cerebral palsy will require lifelong treatment, which could include surgeries and home health care assistants, medication and therapy sessions and prescriptions and doctor's visits. These expenses can rapidly add up and significantly impact a family's life.

In some cases, birth injury lawyers will engage an expert to create a "life plan" that estimates future needs dependent on the medical history of the victim and age. It includes estimated annual cost projections for things such as medications and therapy, doctor appointments and attendant care, future lost income, and transportation as well as home improvements.

These damages are often an important portion of a settlement or jury verdict in the case of a birth injury, and are designed to improve the victim's future quality of life. Certain states limit damages that are not economic and this can apply to birth injury cases.

Many doctors as well as insurance companies and hospitals are reluctant to admit fault or even pay for a birth injury lawsuits defect. Most lawyers will accept a settlement rather than going to trial. A lawyer will draft an agenda of demands and forward them to the medical professionals involved with the case and a thorough explanation of the circumstances surrounding the injuries suffered by your child. If the doctor or hospital is not willing to accept the terms of the agreement, your lawyer will make a claim.

Economic Damages

Birth injuries can be expensive to treat and those who suffer from it can require costly care for years or even their entire lives. In these cases, economic damages can be a result of future and past medical costs and expenses related to the treatment of the victim like mobility aids. They are typically determined with the assistance of a specific witness.

Parents should also be compensated for the emotional distress they have experienced, knowing that the medical negligence of their child could have been prevented. Some states have laws which recognize the emotional trauma and offer non-economic damages for victims.

Families need to remember that although many birth injuries can result in serious and life-threatening illnesses however, children are generally capable of leading a full life with the right care. It is therefore vital that they are provided with the financial resources needed to live a healthy and enjoyable life.

An experienced lawyer can help families start a lawsuit for birth injuries against the hospital or doctor responsible for their child's injury. They will take a thorough look at the case and gather additional evidence to build a strong argument that the medical professional failed to maintain a high standard of care. They will then negotiate with the defendants in order to come to an agreement. If not, they'll be prepared to file a lawsuit.