Birth Injury Compensation

It can be a devastating experience If your child suffers a birth injury due to negligence by a doctor. These injuries can require ongoing treatment and care. The family will be left with huge financial costs.

Many birth injuries cases have a complicated debate about medical malpractice versus medical errors. Our attorneys can help you to understand the distinctions.

Costs of Treatment

In determining the amount to award for a birth injury, insurance companies attorneys and judges consider the severity of the injury and the impact it has on the child's quality of life. If a child requires extensive medical treatment which continues in the future the value of the claim will rise.

Medical treatment for birth injury lawsuits injuries can be extremely expensive. The compensation for a birth injury can assist families in paying for the costs. Lawyers and experts frequently collaborate to create an "Life Care Plan" which calculates the cost of a child's injury over the course of his or her life. These costs include hospitalization, surgeries, specialized medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will collect medical documents from the time of your child's birth and pregnancy as well as firsthand accounts from relatives. These will be used to prove that your child suffered an injury due to negligence on the part of a medical professional and to prove the extent of the damage caused.

Many states have enacted medical indemnity funds in order to offer financial aid to families of children who suffer from birth injuries. These funds can either collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to the resource pool. These programs can provide families with financial aid and help reduce the need to file a lawsuit. However, JLARC staff found that the programs don't always meet their objectives and could be improved.

Life Care Planning

Children with conditions like cerebral palsy and hypoxic ischemic brain disease will have permanent medical requirements. These requirements include physical therapy, special equipment and home health. In many cases, these expenses can be substantial.

A life-care planning document is one that lists the future medical, education, home and other expenses children with disabilities will endure throughout their lifetime. These plans are commonly utilized to calculate the financial portion of damages awarded in a case of birth injury. These plans must be comprehensive and carefully drafted in order to satisfy the strict requirements of admissibility.

Life-care experts can assist in the creation of these documents by utilizing the their input and the formal opinions of a child with disabilities' doctors or therapists as well as caregivers. The plans also contain an in-depth description of the injury's initial diagnosis. They explain the underlying causes of the disability as well as the long-term consequences.

A medical malpractice attorney should work with a life-care planner to draft the best possible plan for their client's situation. The plan's purpose is to ensure that your child is compensated enough to cover all future costs and expenses. The money is usually placed into a trust for children with special needs, which is administered by an administrator who is approved. Typically, the amount of funds allotted will be re-adjusted periodically to reflect changes in your child's future needs.

Pain and Suffering

In a case involving a birth injury, damages are awarded for the plaintiff's past as well as future pain and suffering. This includes mental and physical stress caused by the injury as well as the inability to participate in the activities that are normally enjoyed by other people.

You can also recover lost earnings if the injury of a victim limits their options professionally or stops them from working at all. In addition, families can be compensated if they are required to assist in the care of an injured child.

Medical malpractice claims often have very high verdicts due to the fact that juries tend to show compassion for the victims and hold doctors accountable for errors. This is why many hospitals and doctors choose to settle instead of taking on the trial process, which is expensive and stressful for all parties involved.

During the trial attorneys from both sides will collect evidence to justify their arguments. They will exchange documents in the process of discovery, which includes deposing witnesses to get their statements under oath. In many states, defendants can also ask to see the records of the plaintiff.

An attorney with experience in this kind of case is needed to make a successful claim for birth injury. An experienced attorney will review the circumstances of your case, determine if it meets the requirements for a lawsuit, and work to secure the best financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, that are intended as a stern warning to prevent future negligence. They may be awarded in cases that involve serious negligence or where there was malice on the part of the doctor. They are rare in cases of birth injuries.

After the attorney identifies the proper defendants, they must gather and analyze evidence to support their assertions. They must prove that the injuries incurred by medical professionals did not comply with the standard of care. The legal team is also required to provide evidence of the costs associated with these injuries, also known as "damages." The information could be either economic or non-economic in nature.

Economic losses are calculated by taking into account ongoing treatment costs including long-term facilities and other services. They may also factor in loss of earnings in the event that the injury led one or both parents to leave their jobs.

The legal team will draft a demand package that they will give to malpractice insurers. This document will detail the birth injuries and their effect on the child and family, and demand compensation for the losses. The attorneys will negotiate with medical providers until an agreement is reached. In this process, attorneys will exchange information about their cases with the other side by way of discovery, which may include taking depositions from witnesses who swear to their testimony under oath.