Birth Injury Compensation

If your child suffers birth injury due to the negligence of a doctor or wrongful act, it can be devastating. These injuries typically require lifetime treatment and treatment, which can result in massive financial burdens.

Many birth injuries cases involve a complex debate over medical malpractice versus medical errors. Our attorneys can explain the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury and the impact it has on the child's life when determining the amount of compensation to be paid. For instance when a child needs extensive ongoing medical treatment which will raise the value of an insurance claim.

Medical treatment for birth injury attorney injuries can be very expensive. Compensation for birth injuries can help families cover these costs. Lawyers often work with experts to put together an "Life Care Plan," that calculates the total costs of a child's injury. This includes hospitalization costs or surgical intervention, medical treatment prescriptions, home improvements and equipment, as well as other.

Your legal team will collect medical records from the time of your child's birth and pregnancy and also firsthand stories 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 of the injury.

Many states have enacted medical indemnity funds in order to provide financial assistance to families of children who suffer from birth injuries. These funds can either collect the portion of malpractice insurance premiums, or require hospitals and doctors to contribute to a resource pool. In addition to providing monetary support, these programs can also decrease the need for families to file a lawsuit. JLARC staff, however, found that these programs did not always meet their goals and should be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have ongoing medical requirements. These include physical therapies, specialized equipment, and home health treatment. These expenses can be substantial.

A life-care plan document is one that lists the future medical, education home, and other expenses that a child who has disabilities will be liable for throughout their lifetime. These plans are used to calculate the financial portion awarded in a case of birth injury. These plans should be thorough and carefully designed to satisfy the strict requirements of admissibility.

Life-care planning experts can help to develop these documents with information and formal opinions from the child's doctors as well as therapists and other caregivers. The plans also include a detailed narrative of the initial injury and diagnosis. They also explain the root cause of the disability and its long-term consequences.

An attorney for medical malpractice should work with a life care planner to create the most effective strategy for their client's particular situation. The goal of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of his or her future medical expenses and care. The money is usually placed into a trust for children with special needs, and is overseen by an authorized administrator. The amount of money that is awarded is usually adjusted annually to reflect the changing requirements of your child.

Suffering and Pain

In cases involving birth injuries that result in damages, the court will compensate the plaintiff for past and future pain and discomfort. This includes the physical and mental suffering caused by the injury as also the inability to participate in activities that others can do.

You can also recover lost income if an injury affects their work options or stops them from working at all. Families may also be compensated for the care and treatment of an injured child.

Medical malpractice cases typically have extremely high verdicts, as juries tend to show compassion for victims and hold doctors accountable for their mistakes. This is why many hospitals and doctors prefer to settle instead of risking an appeal, which can be costly and stressful for the parties involved.

Both sides will gather evidence to back their arguments in the course of trial. They will exchange documents during a process called discovery, which involves deposing a witnesses to get their statements under swearing. In many states, defendants can also ask to see the plaintiff's records.

A lawyer who is experienced in this type of situation is required to submit a successful claim for birth injuries. A seasoned attorney will analyze the facts of your case to determine if it meets the requirements for a lawsuit and ensure the highest financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are meant to communicate a message to deter future negligent behavior. They may be awarded in cases that involve grave negligence or when there was malice on the part of the medical professional. However, they are not common in cases of birth injuries.

After identifying the defendants the attorney must collect and review the evidence to support the claim. They must demonstrate that the injuries incurred by medical professionals did not comply with the standard of care. The legal team must also be able to provide evidence of the costs associated with these injuries, known as "damages." The information could be either economic or non-economic in nature.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They can also include the loss of earnings if an injury resulted in both parents to lose their job.

The legal team will then prepare a demand package for the malpractice lawyers. This document will detail the birth injuries and their effects on the child and the family, and demand compensation for these losses. The lawyers will negotiate with medical providers until the settlement is reached. During this negotiation, the lawyers will share information about their cases with the other side through discovery, which entails taking depositions from witnesses who are required to testify under the oath.