Birth Injury Compensation
It can be devastating If your child suffers a birth injury due to negligence by a doctor. These injuries can require ongoing treatment and treatment. You will be left with massive financial burdens.
Additionally, many birth injury cases have a complicated argument about medical malpractice versus medical errors. Our lawyers can clarify the differences.
Costs of Treatment
In determining the amount to award for a birth injury, insurance companies attorneys and judges consider the degree of the injury as well as the impact it has on the child's life quality. If a child needs extensive medical treatment that lasts in the future, the value of the claim will rise.
Medical treatment for birth injuries can be very expensive. Compensation awarded for a birth injury will help families pay for the costs. Lawyers often collaborate with experts to create an "Life Care Plan" that calculates the total expenses incurred by a child's accident. These costs include hospitalization, surgery, medical treatments and prescriptions, home improvements and equipment, etc.
Your legal team will gather medical documents from your child's pregnancy and birth as well as personal reports from family members. These documents will be used to show that your child was injured due to medical malpractice, and to show the extent to which the injury occurred.
Many states have passed medical indemnity funds in order to help families of children who suffer from birth injuries. These funds can either collect part of malpractice insurance premiums or require hospitals and doctors to contribute to a resource pool. These programs can provide families with financial aid and decrease the need to file a suit. However, JLARC staff found that these programs may not always achieve their goals and could be improved.
Life Care Planning
Children who suffer from disorders such as cerebral palsy or hypoxic-ischemic encephalopathy will face permanent medical requirements. This includes physical therapy, specialized equipment and home health. The costs for these can be significant.
A life-care plan is a legal document that defines the future medical, educational, in-home and other costs that disabled children are expected to pay for the rest of his or his or her life. These plans are often utilized to calculate the amount of damages awarded in a birth injury case. They should be comprehensive and carefully designed to meet the strict requirements of evidentiary for legal admissibility in the court.
Life-care planning experts can assist to draft these documents using information and formal opinions from a disabled child's doctors caregivers, therapists, and doctors. The plans also contain a detailed account of the initial injury and diagnosis. They outline the root causes of the disability and their long-term effects.
A medical malpractice lawyer must collaborate with a life-care planner to develop the most appropriate plan for their client's situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover their future expenses and care. The money awarded is typically placed into a special-needs trust that is managed by a reputable administrator. The amount of money given is usually adjusted annually to reflect the changing needs of your child.
Pain and Suffering
In a birth injury case there are damages awarded for the plaintiff's past and future suffering and pain. This includes mental and physical suffering from the injury as well as an inability to engage in activities that are enjoyed by others.
You may also recover earnings if the injury of a victim hinders their professional options or prevents them from working at all. Families can also receive compensation for the care and treatment of an injured child.
The verdicts for medical malpractice cases are usually very high as juries tend to be sympathetic to patients and hold doctors accountable for their errors. Due to this, many doctors and hospitals prefer to settle instead of taking on the trial process, which is expensive and stressful for all parties involved.
During the litigation attorneys from both sides will gather evidence to support their arguments. They will share documents in a process known as discovery, which involves deposing a witness to get statements under oath. The defendants may also request to examine the medical records of a plaintiff, which is legal in many states.
A lawyer who is experienced in this type of case is essential to make an effective claim for
birth injuries. A seasoned attorney will analyze the facts of your case, determine if it satisfies the legal requirements and ensure the highest settlement for your financial needs.
Punitive Damages
Certain medical malpractice lawsuits include punitive damages, that are intended as a stern warning to discourage future negligence. The damages can be awarded when there is a high level of malice or negligence on the part the doctor. However, they are very rare in birth injury cases.
Once the attorney has identified the appropriate defendants, they need to collect and analyze evidence to back up their assertions. They must establish that the injuries incurred by medical professionals were not at a high level of care. The
legal team is also required to show the financial losses resulting from these injuries, referred to as "damages." The information can be both economic and non-economic in the sense that it is not a loss.
The economic losses are usually calculated by estimating the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They can also include lost earnings if a traumatic event caused one or both parents to lose their job.
The legal team will create a demand document to present to the malpractice insurers. This document will detail the birth injuries and the impact they have on the child and family, and demand compensation for the losses. The lawyers will negotiate with medical professionals until an agreement is reached. During the discovery process, attorneys will exchange information with the other party about their case. This includes depositions of witnesses who take oath testimony.