Birth Injury Compensation
Children who suffer birth injuries should have all the resources they require to live a valuable life. Settlements will provide them with the financial compensation they need to receive these resources.
A petition can be filed by the personal representative of an infant injured or his guardianship, parents, ad in litem, or next of family members. After filing a petition an undisputed assumption will arise that the alleged injury was a neurologic birth injury as defined by SS 38.2-5001.
Medical expenses
It can be extremely traumatic to learn that a child suffered a birth injury because of medical negligence. In addition to the emotional pain and emotional trauma, there is a huge financial burden. Parents are responsible for the immediate medical treatment, and they may have to spend a lifetime on therapies and other treatments to ensure their child is able to have a pleasant life.
Your lawyer will review the evidence to show that the health care provider committed a mistake that directly caused your child's injuries. Then, he or she will determine your child's estimated future expenses and include them in the demand for compensation. These expenses are referred to as economic damages.
You may be able to claim non-economic damages, in addition to paying the medical bills of your child, as well as other expenses incurred in connection with it. This will pay you and your family members for the pain and suffering your child has suffered. These damages are not than quantifiable. They can include mental distress, disfigurement and other intangibles.
Many states have enacted medical indemnity programs to cover certain future medical and rehabilitation costs for patients suffering from serious birth injuries. These funds collect a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to the fund. For instance, New York's Medical Indemnity Fund provides lifetime payments to adults and children with a neurological birth injury.
Pain and suffering
The cost of providing your child with lifetime medical care and treatment after a birth injury is incredibly expensive. Even minor injuries can grow. The pain and suffering that comes with these injuries may be equally high and you are entitled to compensation for it.
You should always consult an attorney before speaking to anyone from the hospital or insurance company, regardless of how serious the injuries may be. What you say to these individuals can be used against your case, and they will try to reduce the amount of compensation you receive. This is the reason it's crucial to consult with an experienced birth injury lawyer prior to doing anything else.
Once you've consulted with an attorney, they will create a strong case for your child's injuries. This may include the use of expert testimony to prove your claim. They also conduct depositions, or sworn statements from the lawyers of the defendants and any other parties involved in the case.
If they have enough evidence Your lawyer will then submit an appeal package to the responsible doctor and hospital. This document will provide details about the injuries your child sustained, and how they were caused by medical malpractice. The document will also contain evidence and documents to support your claim. If the doctor rejects your offer, then your lawyer will file a lawsuit.
Future care costs
Severe birth injury can result in expensive long-term treatment, which impacts families financially. For example, a child who has cerebral palsy needs lifelong treatment that may include medical interventions like surgeries or home health care assistants as well as therapy sessions, medication or visits to the doctor and prescriptions. These expenses can quickly add up and significantly impact a family's quality of life.
In some cases, a
birth injury lawyer may hire an expert to prepare what's called a "life care plan." The document will estimate future requirements based on the victim's medical history and age. It provides estimated annual cost projections for things like medications, therapy sessions, doctor visits and attendant care, the possibility of lost income, and transportation as well as home renovations.
These damages typically constitute an important portion of a settlement or a jury verdict in a birth injury lawsuit, and they're intended to enhance the victim's quality of life. Certain states limit damages that are not economic as well, and this may apply to birth injury cases.
Many hospitals, doctors and insurance companies refuse to admit their fault or agree to pay for a birth injury. A majority of lawyers will settle rather than go to trial. An attorney will prepare a demand letter and send it to the medical professionals involved in the matter along with a full explanation of the circumstances that led to your child's injuries. If the hospital or doctor refuses to accept the terms of the agreement, your lawyer will file a lawsuit.
Economic Damages
A birth injury can be expensive to treat, and those who suffer from it can require costly treatment for years or even their entire lives. In these cases, economic damages can include past and upcoming medical expenses as well as costs associated with victim's care such as mobility accommodations. These are usually calculated using the assistance of an expert witness.
Parents should also be compensated for the emotional stress they've suffered knowing that the medical negligence of their child could have been avoided. Certain states have laws that recognize this emotional injury and providing victims with non-economic compensation for it.
Families must remember that, while some birth injuries could lead to serious and debilitating diseases however, children are generally capable of living a full life with the right care. That's why it is so crucial that they receive the financial resources necessary to give them the best chance to live a an enjoyable and fulfilling life.
A knowledgeable lawyer can help a family file a
birth injury lawsuit against the hospital or doctor accountable for the child's injury. They will take a thorough look at the case and gather additional evidence to support an argument convincing that the medical professional was not able to maintain a high standard of care. They will then negotiate with the defendants to see the possibility of a settlement being reached. If the settlement is not reached, they'll prepare to file a lawsuit.