How a birth injury lawsuit Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injuries at birth. The amount of compensation you receive depends on several factors.

The process of suing starts when your attorney files a complaint against defendants. Both parties will then engage in 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 your child's injuries. For instance, broken bones may require surgery for repair and could result in long-term physical therapy costs. Similarly, nerve damage caused by pressure from a manual or rough handling during birth can cause permanent discomfort and limitations. Your lawyer will assess your child's medical requirements and determine estimated cost of treatment for the rest of his life. You will then seek enough compensation to cover them.

You will need to prove that a healthcare professional was bound by a duty to you, and that they violated that obligation, and that the breach caused the injuries of your child. It is typically required to have medical experts review the case and provide their opinion based on past experience.

Depending on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the 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 each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing an action.

Pain and suffering

A birth injury lawsuits injury lawsuit may result in compensation for physical and emotional injuries suffered by children. The amount of damages the family is awarded is determined by the severity of the injury as well as its impact on the child's life.

Parents must show that the medical professional or facility was not in compliance with the standards of care in order to be able to make an award. This means that the doctor or hospital failed to act with ability or judgement in a situation where their actions or inaction resulted in an injury to a patient. Both sides frequently employ medical experts to help determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be risky, lengthy and costly. A settlement provides families with financial compensation earlier and in a less threatening process. Settlements ensure that future needs of a child are met. This could include the costs of a disability van, home modifications and specialized equipment and regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount a jury may make in a birth injury case. They are often awarded to punish the offender and to deter others from doing similar crimes. The aim of these awards is to make the victims believe that their case was considered seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes economic damages. They can also pursue a lawsuit seeking punitive damages, as long as they are legal. Punitive damages are based on the defendant's behavior as well as an indictment of moral wrongdoing. They typically amount to four times the amount of other damages.

A lawyer can assist you to receive a substantial settlement to cover medical expenses for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Certain states limit the amount of compensation that victims can receive. Virginia is one of them. It caps damages at the cost of treatment to the victim's tenth birthday. Other states limit damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many cases, a child's injuries will result in ongoing treatment. This includes medical care or therapies, as well as any other costs. It can also include future loss of earnings if the injury will interfere with the child's ability to work and make a living. This is known as loss of consortium.

Your lawyer will help you in calculating the total cost of your child's injury, including non-economic damages. They will collaborate with experts to construct an argument that shows how severely your child was harmed and the impact on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They can also request access to your child’s medical records. They are essential to your case. It is essential to request these immediately if you suspect a birth injury since they are frequently lost or misplaced. They can also be destroyed. Your attorney can assist you to get these documents as soon as you can.

Economic damages - Damages

A birth injury could cause a range of expenses that aren't immediately obvious. These costs include medical expenses already paid, as well as the anticipated costs for future therapy including in-home or institution-based care, medication, adaptive equipment and transportation to and from doctor's and therapist's appointments.

A disability that is severe can hinder an individual to earn a decent living. This can also cause a ripple effect on a family's finances. A parent may have to quit their job or give up their job completely to care for an ailing child, which can lead to the loss of wages.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine their maximum potential award. When a court or jury awards damages, it takes into consideration the needs of the victim for the rest of their life. The more money awarded and the more accurate the estimate is of the future medical expenses. Non-economic damages are more difficult to quantify however they can be granted as well. These include emotional distress, suffering, loss in quality of life, and loss of consortium.