How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, you may be entitled to compensation. Generally speaking, the amount money you get will be contingent on a few variables.

The lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will participate in discovery, where they will exchange evidence and information, including medical records.

Medical expenses

Medical costs associated with a birth injury can vary dramatically based on the severity of your child's injuries. For instance broken bones might require surgery to fix and can result in the cost of physical therapy for a long time. Similar to that nerve damage resulting from harsh handling or pressure from a manual instrument can lead to permanent pain and limitations. Your lawyer will evaluate the needs of your child and estimate the cost of treatment over a lifetime to ensure that you get the right amount of compensation.

You will have to prove that the healthcare professional owed you an obligation, that they did not fulfill their obligation, and that their failure caused your child's injuries. It is generally required to have medical experts review the situation and give their opinion basing on their previous experiences.

Depending on the circumstances you might be able identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, his assistants, and the hospital the birthing room. Your legal team will write letters to all of these parties notifying them that a medical malpractice lawsuit has been filed and that they are given an opportunity to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawsuit can result in the payment of compensation for physical and emotional injuries suffered by a child. The amount of damages a family receives depends on the severity of the injuries as well as the impact on the child's life.

Parents must prove that the medical professional or facility did not act in accordance with the standard of care to prevail in an award. This means that the physician or hospital was negligent in their ability or judgement in the event that their actions or inaction resulted in the victim to suffer a medical injury. Medical experts are often engaged on both sides to determine the standard. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials can be costly, time-consuming and expensive. A settlement allows families to receive financial compensation earlier and in a less tense manner. Settlements also ensure that a child's future needs are taken care of. This may include the costs of a disability van, home modifications and specialized equipment and ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount juries can award in a birth injury case. They are usually awarded to punish the offender and deter others from committing similar crimes. The purpose of these awards is to make the victims believe that their cases were considered seriously.

A New York City personal injury lawyer can help you assess the worth of your claim, including non-economic damages. They can also pursue a lawsuit seeking punitive damages, when they are appropriate. Punitive damages may be granted based on the defendant's actions or a determination of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can assist you to obtain a substantial award for medical expenses of your child and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other non-financial losses. Some states have caps on the amount of compensation that the victim could receive. Virginia is an example. Virginia is able to limit damages to the cost of treatment until a victim reaches their 10th birthday. Other states restrict damages for pain and suffering and other types of damages.

Damages for noneconomic damages

In many instances the injuries of a child will cause long-term care. This includes medical treatment or therapies, as well as any other expenses. This could include the possibility of losing future wages if the injury interferes with the child's capacity to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you in calculating the total expense of your child's injuries, which includes economic damages as well as. They will work with experts to build an argument to demonstrate how badly your child was injured and the impact on their life. They will also rely on experts to prove that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are critical to your case. It is essential to obtain them whenever you suspect a birth injury, as they are frequently lost, misplaced, or destroyed. Your attorney can help you in getting these documents as soon as possible.

Economic damages - Damages

A birth injuries injury could cause a range of costs that are not immediately obvious. These costs include medical charges that have already been paid as well as the projected costs of therapy to come such as in-home or institutional treatment medications, adaptive equipment as well as travel to and from appointments with therapists and doctors.

A severe disability can also hinder an person to earn a living. This can also impact the financial situation of families. A parent may have to quit their job or quit work entirely in order to take care of a disabled child, leading to loss of income.

Parents who file a birth injury claim should keep track of all these costs and losses to determine the maximum amount they could be awarded. When a jury or a court awards damages, they take into account the victim's ongoing requirements. The more accurate the estimate of future medical expenses and losses, higher the amount awarded will be. Non-economic damages are more difficult to put a price on, but they can be awarded too. These may include emotional suffering, distress as well as loss of quality of life and loss of consortium.