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How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child is injured during birth. In general, the amount the amount you receive will be contingent on a number of factors.

The process of suing starts when your lawyer files a complaint against defendants. Both sides will then go through discovery, where they will exchange evidence and information such as medical records.

Medical expenses

Medical expenses related to a birth injury can vary in a significant way based on the nature of the injuries your child sustains. For example, broken bones may require surgery for repair and can lead to costly physical therapy over the long term. Also, nerve damage caused by pressure applied manually or rough handling during delivery can cause long-term pain and limitations. Your lawyer will review your child's medical requirements and determine estimated lifetime treatment costs to seek enough compensation to cover them.

You will need to prove that a healthcare professional owed the duty to you, that they breached that obligation, and that the breach caused injuries to your child. This usually requires medical experts to analyze the case and offer an opinion based on their experiences.

Based on the circumstances, you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took. Your legal team will contact all of them to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without filing an action.

Suffering and pain

A birth injury lawsuit can result in the payment of compensation for physical and emotional injuries sustained by a child. The amount of compensation the family is awarded depends on the severity of the injuries and the impact on a child's life.

Parents must show that the medical professional or facility did not operate in accordance with the standard of care to prevail in a claim. This means that the doctor or hospital failed to act with competence or judgment in an instance in which their action or inaction caused the victim to suffer a medical injury. Medical experts are often engaged on both sides to determine the standard. Specialists, such as obstetricians, are held to higher standards.

Most birth injury cases settle, rather than go to trial. Trials are risky, time consuming and expensive. Settlements allow families to receive financial compensation much sooner and in a less adversarial process. Settlements also ensure that children's future requirements are fulfilled. This can include the cost of a wheelchair van home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe awards juries can award in a birth injury case. These damages are usually awarded in order to punish the offender and discourage others from making similar mistakes. The purpose of these awards is to make victims feel their cases have been taken seriously.

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

A lawyer can win you a significant award to pay for your child's medical expenses and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Certain states set limits on the amount of compensation a victim could receive. Virginia is one example. It caps damages at the cost of treatment up to a victim's tenth birthday. Other states restrict damages for suffering and pain as well as other types.

Damages for non-economic damages

In many cases, injuries of a child will require lifetime treatment. This includes medical treatments and therapies, along with other costs. It could also include future lost earnings if the accident can hinder the child's ability to work and earn a living. This is known as loss consortium.

Your lawyer will help you calculate the total amount of the injuries your child sustained as well as non-economic damage. They will collaborate with expert witnesses to build a strong case to prove the severity of your child's injuries as well as their impact on their life. They will also rely on expert witnesses to prove the doctor's lapse of duty of care.

They may also ask for access to the medical records of your child. These are vital to your case. It is crucial to request these whenever you suspect that there is a birth injury because they are frequently lost or misplaced. They can also be destroyed. Attorneys can assist you in obtaining these documents as fast as possible.

Damages for economic loss

A birth injuries injury could result in a variety of costs that are not immediately obvious. These expenses include the medical charges that have already been incurred as well as projected costs of future therapy, in-home or institutional care and medication, adaptive equipment 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 can also have an impact on the financial wellbeing of families. A parent may have to quit their job or quit their job completely to take care of a disabled child, leading to a loss of wages.

Parents who file a birth injury claim should keep track of all these costs and losses to determine their maximum possible award. When a court or jury awards damages, they must take into account a victim's lifelong requirements. The more accurate the estimation of the future medical expenses and losses, the higher the amount of award will be. Non-economic damages are difficult to quantify but they can be granted as well. These include emotional distress, pain and suffering and loss of quality of life and loss of consortium.