Birth Injury Compensation
Children who suffer birth injuries should have every resource they require to live a fulfilling life. Settlements for financial compensation could help them access the resources they need.
A petition can be filed by the personal representative of the infant who has been injured or his parents, guardian ad litem, or next of next of kin. Upon the filing of such petition, a rebuttable assumption shall arise that the injury claimed is a
birth injury lawyer-related neurological injury as defined by SS 38.2-5001.
Medical expenses
It can be extremely traumatic to discover that a child has suffered from an injury to their
birth injury lawyer because of medical negligence. In addition to the emotional stress that can result and financial burdens could also be significant. Parents are responsible for immediate medical care and may have to invest a lifetime in therapy and other treatments.
Your lawyer will review the evidence to determine if the health care provider made a mistake that directly led to your child's injuries. Then, he will estimate your child's future expenses and add them to the demand for compensation. These costs are called economic damages.
In addition to paying for your child's medical bills as well as other related expenses, you can also claim noneconomic damages in order to compensate you and your family members for the pain and suffering your child has experienced. These damages are not quantifiable, and may include mental distress, disfigurement and other intangibles.
Many states have passed medical indemnity plans to cover certain future medical and rehabilitative expenses for those with serious birth injuries. These funds take a share of malpractice insurance premiums or require hospitals and doctors to contribute to the fund. For example, New York's Medical Indemnity Fund provides lifetime payouts to children and adults with a brain injury from birth.
Suffering and pain
It is extremely expensive to provide your child with medical assistance for the rest of their life following the trauma of birth. Even minor injuries can become costly. You deserve compensation for the discomfort and suffering that be caused by these injuries.
You should always consult with an attorney prior to speaking to anyone from the hospital or insurance company, regardless of how serious the injuries may be. What you say to these individuals could be used against your claim, and they'll attempt to cut down on the amount of money that you receive. It is essential to speak with an experienced
birth injury attorney before making any other decision.
After you consult with an attorney, they will develop a strong case for your child's injuries. This may include the gathering of expert testimony to support your claim. They will also obtain sworn statements from the lawyers representing the defendants as well as any other parties involved.
Once they have sufficient evidence the lawyer will present an application to the responsible doctor and hospital. The document will explain the details of your child's injuries and how they were caused by medical negligence. The document will also include documents and other records to support your claims. If the doctor refuses to accept your offer and your lawyer files a lawsuit.
Future care costs
Severe birth injury can result in expensive long-term care, which affects families financially. A child who has cerebral palsy requires lifelong treatment, which could include surgeries and home health care assistants, medication and therapy sessions along with doctor's visits and prescriptions. These expenses are likely to increase quickly and greatly impact the quality of life of the family.
In certain instances, birth injury lawyers will hire an expert who will develop a "life plan" that estimates future needs depending on the victim's medical history and age. It provides estimates of the annual cost for things such as medications, therapy, doctor appointments and attendant care, the possibility of lost income, transportation and home renovations.
These damages can make up an enormous portion of settlement in a birth-injury lawsuit, or jury verdict. They are intended to improve the future quality of life for the victim. However, certain states restrict noneconomic damages and this limitation may apply to birth injury lawsuits.
Many doctors and hospitals, insurance companies and doctors are reluctant to admit fault or pay for a birth defect. Most lawyers will settle rather than go to trial. A lawyer will draft an itemized list of demands to forward them to the medical professionals involved with the case and a thorough explanation of the circumstances that led to the injuries suffered by your child. If the doctor or the hospital refuses to accept the terms of the agreement, your attorney will file a suit.
Economic damages
Birth injuries are costly to treat, and the victims may require costly care for a long time or even their entire life. In these cases, economic damages can include the past and future medical expenses along with the costs related to the care of a victim like mobility equipment. These are usually assessed with help from a special expert witness.
Parents also deserve compensation for the emotional distress caused by the trauma and knowing that their child's medical error could have been avoided. Some states have laws that recognize this emotional trauma and giving victims non-economic damages for it.
Families should be aware that, even though many birth injuries could result in severe and debilitating ailments however, children are generally capable of leading a full life with the right care. It is crucial that they are provided with the financial resources necessary to lead a productive and happy life.
A family may bring a lawsuit against a hospital or doctor that caused the injury to their child with the help of an experienced lawyer. They will analyze the case in depth and gather additional evidence to support their argument that the medical professional did not uphold a standard of medical care. They'll then engage with the defendants in order to determine the possibility of a settlement being reached. If not, they will bring a lawsuit.