How a Birth Injury Claim Works
You could be entitled to compensation in the event that a medical professional has been negligent and your child suffers injuries in the course of birth. The amount you receive is contingent upon a variety of factors.
The process of bringing a lawsuit begins by your attorney submitting an complaint against the defendants. Both sides will then participate in discovery, where they discuss evidence and other details, including medical records.
Medical expenses
Medical expenses associated with birth injuries can differ in a significant way based on the nature of the injuries your child sustains. For instance broken bones could require surgery for repair and can lead to costly physical therapy over the long term. Similarly, nerve damage caused by pressure from a manual or rough handling during the delivery can result in permanent discomfort and even limitations. Your lawyer will review the needs of your child and estimate the cost of treatment over the course of their lives to ensure that you are compensated in a sufficient amount.
You will have to demonstrate that a healthcare professional was bound by a duty to you, that they did not fulfill that obligation, and that the breach led to injuries to your child. The most common way to prove this is for medical experts to examine the situation and give an assessment based on their knowledge.
Depending on the circumstances, you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor that delivered your baby, the assistants and the hospital in which the birth occurred. Your legal team will contact each of them to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.
Suffering and pain
A birth injury lawsuit may result in compensation for emotional and physical harms suffered by the child. The amount of compensation families receive is determined by the severity of the injuries as well as the impact on the child's life.
Parents must show that the medical professional or facility did not behave in accordance with the standard of care in order to win an award. This means that the physician or hospital acted with a lack of competence or judgment in an instance in which their actions or inactions caused an injury to a patient. Medical experts are often involved by both sides to determine the standard. Obstetricians and specialists are held to higher standards than generalist physicians.
Most birth injury cases are settled rather than going to trial. Trials can be risky, expensive and time-consuming. Settlements enable families to receive financial compensation faster and in a more amicable manner. Settlements also ensure that a child's future needs are met. This can include the cost of a disability van and home modifications, as well as specialized equipment and ongoing medical treatment for illnesses like cerebral palsy.
Punitive damages
Punitive damages are among the most severe awards that a jury may make in the case of a birth injury. They are often awarded to punish the offender and discourage others from committing similar offenses. They also aim to make victims feel that their cases have been taken seriously.
A New York City personal injury lawyer can assist you in determining the value of your claim, including non-economic damages. They can also pursue a lawsuit seeking punitive damages, when they are appropriate. Punitive damages may be given based on the defendant's conduct or a finding of moral immorality. They typically amount to four times more than other damages given.
A lawyer can help you win you a significant award to help cover medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma and other non-financial losses. Some states limit the amount of compensation that victims can receive. Virginia, for instance, caps damages at the cost of treatment up to a victim reaches their tenth birthday. Other states also have limitations on pain and suffering in addition to other types of damages.
Damages for non-economic damages
In many instances children's injuries cause lifetime care. This includes medical treatment, therapies, and any other expenses. This can include future lost wages if an injury interferes with the child's capacity to work and earn money. This is known as loss of consortium.
Your lawyer will help you calculate the total costs of your child's injuries, including non-economic damages. They will collaborate with experts to build an argument that shows how badly your child was harmed and the effects on their life. They will also make use of expert witnesses to prove the doctor's lapse of duty of care.
They may also ask for access to your child’s medical records. These are vital to your case. These documents are important to request as quickly as possible if you suspect the possibility of a
birth injury lawyer trauma. They can be lost, misplaced, or destroyed.
Attorneys can help you get these documents as quickly as possible.
Damages for economic damage
A birth injury could result in a variety of costs that are not immediately obvious. These costs include medical bills that have already been paid, as well as projected costs for therapy in the future, in-home care, institutional treatment, medications, adaptive equipment, and transportation to and from doctor and therapist appointments.
A severe disability can also limit the ability of an person to earn a living. This could impact the financial situation of a family. Parents might need to quit their job or give up all work to take care of the child who is disabled, leading to a loss of wages.
Parents who file a
birth injury law firm injury claim should keep track of all costs and losses in order to determine their maximum possible award. If a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more precise the estimation of future medical costs and losses, the higher the award amount will be. Non-economic damages are also granted, even though they are more difficult to quantify. These include emotional suffering, distress and loss of quality of life and loss of consortium.