Birth Injury Compensation
It can be a devastating experience for your child if they suffer a
birth injury as a result of an error by a medical professional. These injuries can require ongoing treatment and care. You'll be left with massive financial burdens.
Many birth injuries cases require a lengthy debate on medical malpractice versus medical errors. Our lawyers can help you understand the differences.
Costs of Treatment
Attorneys, insurance companies and judges weigh the severity of the birth injury and the impact it has on the child's development in determining the amount compensation to be paid. For instance, if a child requires constant medical attention it will increase the value of a claim.
Medical treatment for birth injuries can be extremely expensive. Compensation for
birth injuries could help families cover these costs. Lawyers and experts frequently collaborate to create a "Life Care Plan" which calculates the cost of a child's injury over the course of their lives. These include hospitalization costs and surgical procedures, as well as specialized medical treatment prescriptions, home improvements and equipment, and much more.
Your legal team will collect medical records from your child's birth as well as pregnancy, as well as firsthand accounts from relatives. These will be used to show that your child suffered an injury due to negligence in the medical field and to show the extent of the damage caused.
Many states have passed medical indemnity funds in order to help families of children who suffer from birth injuries. These funds take a percentage of malpractice insurance premiums or require doctors and hospitals to contribute to an investment fund. These programs can provide families with financial aid and decrease the need to file a lawsuit. However, JLARC staff found that these programs do not always meet their aims and should be improved.
Life Care Planning
Children suffering from conditions like cerebral palsy and hypoxic ischemic brain disease will have long-term medical needs. These requirements include physical therapy, specialized equipment, and home health treatment. The costs for these can be substantial.
A life-care plan document is an outline of the future medical, education home, and other expenses a child with disabilities will incur throughout his or her life. These plans are used to calculate the financial portion awarded in a case of birth injury. These plans should be thorough and carefully written in order to comply with the strict requirements for admissibility.
Experts in life-care planning may assist in the preparation of these documents using information and the opinions of a disabled child’s doctors as well as therapists and caregivers. The plans include a detailed narrative about the initial injury and the diagnosis. They also explain the root cause of the impairment as well as the long-term consequences.
A medical malpractice lawyer must work with a life care planner to develop the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of their future medical and other expenses. The funds awarded are typically placed in a special needs trust that is managed by a reputable administrator. The amount of money awarded is typically adjusted every few months to reflect the changing needs of your child.
Pain and Suffering
In a case involving birth injuries the damages awarded compensate the plaintiff for the past and future pain and discomfort. This includes physical and mental pain caused by the injury, as well as the inability to take part in activities that others can participate in.
It is also possible to recuperate for lost income if an individual's disability restricts their options for employment or stops the person from working at all. Families could also be compensated for the care of an injured child.
The verdicts for medical malpractice cases are usually extremely high because juries are often sympathetic towards patients and hold doctors accountable for their actions. Many doctors and hospitals opt to settle rather than risk an expensive trial and stressful for all parties involved.
Both sides will gather evidence to support their arguments during the litigation. They will share documents in 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 records of the plaintiff.
A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. An experienced attorney will go over the details of your case, determine if the case meets the requirements for a lawsuit, and ensure the highest financial settlement you can get.
Punitive Damages
Some medical malpractice suits include punitive damage awards that are intended as a warning, and also to deter future negligence. They may be granted in cases of grave negligence or when there was willful misconduct on the part the doctor. However, they are extremely rare in cases of birth injuries.
After the attorney has identified the proper defendants, they must find and analyze evidence to support their assertions. They must demonstrate that the injuries incurred by medical professionals did not comply with the standards of care required. The legal team is also required to prove the costs associated with these injuries, known as "damages." This information could be either economic or non-economic in the sense that it is not a loss.
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 loss of earnings in the event that the injury caused one or both parents to leave their jobs.
The legal team will create a demand form that they can present to the malpractice lawyers. The document will explain the birth injuries and the impact they have on the child and family, and demand compensation for these losses. The lawyers will negotiate with medical professionals until the settlement is reached. During the discovery process, lawyers will share information with the other party on their case. This includes depositions of witnesses who testify on oath.