How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injury during the birth. In general, the amount the amount you receive will be contingent on a few variables.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will engage in discovery, during which they exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses for birth injuries can vary according to the severity of the injury. For example broken bones can require surgery for repair and could result in ongoing physical therapy costs. Similarly, nerve damage caused by manual pressure or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will evaluate your child's medical needs and estimate the lifetime treatment costs to seek enough compensation to cover them.

You will need to establish that the healthcare professional owed you a duty, that they violated this duty and that their failure resulted in your child's injuries. It is often necessary to have medical experts examine the case and offer their opinions from their previous experiences.

Depending on your situation depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your baby, the assistants and the hospital in the birthing room. Your legal team will write to each of these individuals to inform them that a claim for medical malpractice has been filed. They can resolve the issue without filing an action.

Pain and suffering

A birth injury lawsuit could result in compensation for emotional and physical harms suffered by the child. The amount of damages a family receives depends on the severity of the injury and the effects on a child's daily life.

Parents must prove that the medical professional or facility was not in compliance with the standard of care to prevail in 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 inaction led to injuries to the body. Medical experts are often consulted by both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases are settled rather than going to trial. Trials are costly, risky and lengthy. Settlements allow families to receive financial compensation sooner and in a more amiable manner. Settlements ensure that future needs of children are met. This can include the cost of a disability van and home modifications, as well as specialized equipment, as well as regular medical treatment for ailments like cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages may be the most severe decision that a jury can award. These damages are often given to punish the perpetrator and deter others from making similar mistakes. The aim of these awards is to convince victims that their case was taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. They may also make a claim for punitive damages as long as they are legal. Punitive damages are determined by the conduct of the defendant and the conclusion of moral indecency. They usually amount to four times the amount of other damages.

A lawyer can assist you to win a significant award to cover medical expenses for your child and other financial losses. They can also file a suit for emotional trauma or other damages that aren't financial. Certain states limit the amount of compensation a victim may receive. Virginia for instance, restricts damages to the cost of medical care up to a victim's tenth birthday. Other states limit damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many cases, the injuries of a child require ongoing care. This includes medical treatment or therapies, as well as any other expenses. It could also include future loss of earnings if the injury is affecting the child's ability to work and make a living. This is referred to as loss of consortium.

Your lawyer will assist you calculate the total cost of your child's injuries as well as non-economic damage. They will collaborate with expert witnesses to create a compelling case that demonstrates the severity of your child's injuries and their impact on his or her life. They will also rely on experts' testimony to prove that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. They are important to request as soon as possible if you suspect a birth trauma. They could be lost, misplaced, or destroyed. Your attorney can assist in getting these documents as quickly as is possible.

Damages for economic damage

A birth injury could result in a variety of costs that are not immediately evident. These include medical expenses that have already been paid, along with projected expenses for future therapy and in-home medical care, medications, adaptive equipment, as well as transportation to and from therapist and doctor appointments.

Furthermore, a disability that is severe can hinder an individual's ability to earn an income that is sufficient. It can also cause a ripple effect on the financial health of families. Parents might be forced to quit their jobs or stop working altogether to care for a disabled child. This could result in loss of earnings.

Parents who file a birth injury claim must keep track of all these costs and losses to determine the maximum amount they could be awarded. If a jury or court awards damages, they must take into consideration a victim's long-term needs. The higher the award and the more accurate the estimate is of future medical costs. Non-economic damages can also be awarded even though they are harder to quantify. They include emotional suffering, distress, loss in quality of life, and loss of consortium.