How a Birth Injury Claim Works
If a medical professional was negligent and your child sustained injuries during
birth injury attorneys, you may be entitled to compensation. In general, the amount of compensation you receive will depend on a few variables.
The
lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will participate in discovery, in which they exchange evidence and information, including medical records.
Medical expenses
Medical costs for a birth injury vary widely in relation to the severity the injury. For instance broken bones can require surgery to fix them and can lead to ongoing physical therapy costs. Also, nerve damage caused by pressure applied manually or rough handling during the delivery can result in permanent discomfort and limitations. Your lawyer will review your child's needs and estimate the costs of treatment over the course of a lifetime to ensure that you get the right amount of compensation.
You will have to establish that the healthcare professional owed you obligations, and that they violated their duty and that their negligence caused the injury to your child. It is usually required to have medical experts review the case and provide an opinion basing on their previous experiences.
Depending on the circumstances You could list multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth took. Your legal team will write letters to each of these parties, advising them that a medical malpractice lawsuit has been filed and that they have an opportunity to settle the matter prior to filing a lawsuit.
Pain and suffering
A birth injury lawsuit may result in the payment of compensation for emotional and physical injuries suffered by children. The amount of damages families receive is determined by the severity of the injury and the impact on the child's life.
Parents must demonstrate that the medical professional or the facility did not operate in accordance with the standard of care in order to win a claim. This means that the doctor or hospital was negligent in their skill or judgement in a situation in which their actions or inaction resulted in injuries to the body. Both sides often hire medical experts to help define the norm. Specialists, like doctors of obstetrics, are held to higher standards.
The majority of birth injury cases are settled rather than going to trial. Trials can be risky, expensive and time-consuming. Settlements allow families to receive financial compensation sooner and in a less adversarial process. Settlements ensure that future needs of a child are met. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.
Punitive damages
Punitive damages are among the most severe awards that juries can award in an injury case involving birth. They are usually awarded to punish the wrongdoer and deter others from committing similar crimes. These awards are also designed to make victims feel that their case has been taken seriously.
A New York City personal injuries lawyer can help you determine the value of your claim. This includes economic damages. They may also file a lawsuit for punitive damages, as long as they are legal. Punitive damages are determined by the conduct of the defendant and a finding of moral turpitude. They are typically four times more than other damages awarded.
A lawyer can help you win you a significant sum to help cover medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other non-financial losses. Some states limit the amount of compensation that victims can receive. Virginia for instance, restricts damages to the cost of treatment up to a victim reaches their tenth birthday. Other states limit damages for pain and suffering and other kinds of damages.
Damages for non-economic damages
In a majority of cases, a child's injuries will cause ongoing care. This includes medical care, therapies, and any other costs. It could also cover future loss of earnings if the injury will interfere with the child's ability to work and earn money. This is known as loss of consortium.
Your lawyer will assist you estimate the full cost of your child's injuries as well as non-economic damage. They will work with expert witnesses to create a compelling argument to demonstrate the severity of your child's injuries and their impact on his or her life. They will also make use of expert witness testimony to prove the doctor's breach of duty of care.
They may request access to your child's medical records. These are essential to your case. These documents are essential to request as quickly as possible if you suspect that you have suffered a birth trauma. They could be lost, stolen or destroyed. Your attorney can help you in getting these documents as quickly as possible.
Damages for economic damage
A birth injury could result in a number of expenses that might not be immediately apparent. These include medical charges that have already been paid as well as the projected costs of therapy to come, in-home or institutional care as well as adaptive equipment, medication as well as travel to and from therapist or doctor's appointments.
A severe disability can also hinder an individual to earn a living. This could also cause a ripple effect on the family's finances. A parent may have to quit their job or quit all work in order to care for a child with disabilities, leading to the loss of wages.
Parents who file a claim for birth injury should keep track on these expenses and losses to determine how much they may receive. When a judge or jury gives damages, they will take into consideration a victim's long-term requirements. The more precise the estimate of future medical expenses and losses, the higher the amount of award will be. Damages that are not economic can also be awarded even though they are harder to quantify. They include emotional suffering, distress loss of quality of life, and loss of consortium.