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How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries during birth, you could be entitled to compensation. In general, the amount of the amount you receive will be contingent on a variety of factors.

The lawsuit process starts with your attorney filing an accusation against the defendants. Both sides will participate in discovery, where they will share information and evidence, including medical records.

Medical expenses

Medical expenses associated with birth injuries can vary in a significant way based on the nature of your child's injuries. For instance broken bones could require surgery to fix and may result in costly physical therapy over the long term. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can lead to permanent limitation and pain. Your lawyer will analyze your child's medical needs and estimate the lifetime treatment costs to seek sufficient compensation to cover these.

You will need to demonstrate that a healthcare professional was bound by obligations to you, and that they violated that obligation, and that the breach caused injuries to your child. This usually requires medical experts to look over the case and give an opinion based on their experience.

Based on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, his medical assistants and the hospital which the birth occurred. Your legal team will contact each of them to inform them that a claim for medical malpractice has been filed. They may resolve the issue without filing an action.

Suffering and pain

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

Parents must prove that the medical professional or the facility did not operate in accordance with the standards of care in order to be able to make a claim. It means that a physician or hospital's actions, or inactions, caused the victim to suffer a medical injury. Medical experts are often consulted by both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are expensive, time-consuming and expensive. A settlement allows families to receive financial compensation sooner and in a more amicable way. Settlements will ensure that the needs of the future of a child are addressed. This could include the cost of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe awards that a jury could make in cases involving birth injuries. These damages are often given to punish the perpetrator and deter others from committing similar crimes. They also aim to ensure that victims feel 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 bring a lawsuit for punitive damages in the event that they are appropriate. Punitive damages are determined by the defendant's behavior and the finding of moral turpitude. They usually amount to four times the other damages granted.

A lawyer can win you a significant sum to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma and other losses that are not financial. Certain states set limits on the amount of compensation a victim can receive. Virginia is one example. It caps damages at the cost of care through the tenth birthday celebration of a victim. Other states limit damages for pain and suffering and other types of damages.

Damages for noneconomic damages

In many cases, the injuries of a child will require ongoing care. This includes medical care or therapies, as well as any other expenses. It could also include future loss of wages if an injury interferes with the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will aid you in calculating the cost of your child's injuries including non-economic damages. They will work with experts to build an argument that shows the extent to which your child was injured and the effects on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They can also request access to your child's medical records. These are critical to your case. It is essential to obtain them as soon as you suspect a birth injury since they are often lost, misplaced, or destroyed. Your attorney can help you get these documents as quickly as you can.

Economic damages - Damages

A birth injury lawyers injury can result in a myriad of costs that are not immediately apparent. These include medical bills that have already been incurred as well as projected costs of therapy to come, in-home or institutional care medications, adaptive equipment and transportation to and from appointments with therapists and doctors.

Furthermore, a disability that is severe can hinder an individual's ability to earn a living wage. This can also have an impact on the financial situation of a family. Parents may need to quit their job or quit all work to take care of a child with disabilities, leading to loss of income.

Parents who are pursuing a claim for birth injuries must keep track of all these expenses and losses to determine their maximum potential award. When a judge or jury gives damages, they will take into account the victim's ongoing needs. The more accurate the estimation of future medical expenses and losses, the greater the amount of compensation will be. Non-economic damages can also be granted, even though they are more difficult to quantify. These may include emotional suffering, distress loss of quality of life, and loss of consortium.