Birth Injury Compensation

If your child suffers birth injury as a result of negligence by a doctor or other wrongful action, it can be devastating. These injuries can require lifelong treatment and treatment. You'll be faced with huge financial costs.

A lot of birth injury cases involve a complex debate over medical errors versus malpractice. Our lawyers can help you learn the distinctions.

Costs of Treatment

In determining the amount to pay for a brea birth injury law firm injury lawyers from insurance companies and judges evaluate the degree of the injury as well as its impact on the child's quality of life. If a child needs extensive medical treatment which continues for a long time the value of the claim will rise.

Medical treatment for tuttle birth injury lawyer injuries can be extremely expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers often collaborate with experts to develop a "Life Care Plan" which calculates the life-time costs incurred by a child's injury. These include hospitalization costs including surgical interventions, specialized medical treatment and prescriptions, home improvement projects and other equipment, and many more.

Your legal team will collect medical documents from the time of your child's birth and pregnancy as well as personal stories from family members. These records will be used to prove that your child was injured due to medical malpractice, and also to prove the extent of the injury.

Many states have established medical indemnity fund that provides financial assistance to families with children born with birth injuries. These funds can either collect some of the malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. These programs can provide families with financial aid and help reduce the need to file a lawsuit. JLARC staff however, discovered that these programs did not always meet their goals and should be improved.

Life Care Planning

Children suffering from conditions like hypoxic or cerebral palsy will need medical care for the rest of their lives. These include physical therapies and equipment that is specialized, as well as home health treatment. These expenses can be substantial.

A life-care plan is a document that specifies the future medical education, home-based, and other expenses that disabled children are expected to pay for the rest of his or their life. These plans are used to calculate the economic portion awarded in a case of birth injury. These plans must be comprehensive and meticulously drafted to meet the strict requirements of admissibility.

Experts in planning for life can assist in the preparation of these documents using input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans include a comprehensive narrative about the initial injury and its diagnosis. They also explain the root causes of the disability as well as its long-term effects.

A medical malpractice lawyer should work with a life planner to come up with the most suitable plan for their clients' situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover all future expenses and medical care. The funds are usually put into a special needs trust, which is overseen by a licensed administrator. The amount of money awarded is usually adjusted periodically to reflect the changing needs of your child.

Pain and Suffering

In cases that involves birth injuries, damages are awarded to compensate the plaintiff for the past and future discomfort and pain. This includes mental and physical discomfort caused by the injury as well as an inability to participate in activities enjoyed by other people.

It is also possible to recuperate for income loss if the disability of a victim limits their career options or prevents them from working. Families can also be compensated for the care of an injured child.

Medical malpractice cases typically have very high verdicts due to the fact that juries tend to show compassion for victims and hold medical professionals accountable for their mistakes. Many doctors and hospitals opt to settle rather than risk a trial that is expensive and stressful for everyone involved.

During the course of the lawsuit, lawyers for both sides will gather evidence to back their arguments. They will exchange documents during a process called discovery, which involves deposing a witnesses to obtain statements under oath. The defendants could also ask to see the plaintiff's medical records and are legal in all states.

A successful birth injury claim requires a lawyer with experience in these kinds of cases. A seasoned attorney will analyze the circumstances of your case, determine if it meets the requirements for a lawsuit, and work to secure the best financial settlement you can get.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damages, that are intended to serve as a warning and prevent future negligence. The award of these damages is made when there is a high level of negligence or malice on the part the doctor. However, they are extremely rare in birth injury cases.

After identifying the defendants, the attorney must gather and review the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not meet an acceptable standard of care. The legal team also has to be able to prove the loss that was caused with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are usually calculated by taking into account the cost of the child's ongoing care, which includes long-term care facilities as well as other services. They can also include loss of earnings if the injury caused one or both parents to leave their jobs.

The legal team will prepare a demand package for the malpractice lawyers. The document will outline the birth injuries and their effect on the child and the family, and request compensation for the losses. The lawyers will negotiate with the medical providers until an agreement is reached. In this process, lawyers will share information about their cases with the opposing side by way of discovery, which may include depositions of witnesses who swear to their testimony under oath.