Birth Injury Compensation

If your child is suffering from a birth injury resulting from a doctor's negligence or wrongful decision, it could be devastating. These injuries typically require lifetime treatment and care, leaving you with enormous financial costs.

A lot of birth injury cases have a complicated debate about medical malpractice versus medical errors. Our lawyers can explain the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the birth injury as well as the impact it can have on the child's life in determining the amount compensation to be awarded. If a child requires extensive medical treatment that lasts throughout the course of time the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. The compensation for a birth Injury law firms injury will help families pay for these expenses. Lawyers and experts often collaborate to develop an "Life Care Plan" that calculates the costs of a child’s injury over the course of his or her life. These expenses include hospitalization, surgery, medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will gather medical records from the pregnancy and birth of your child, as well as firsthand reports from relatives. These records will be used to show that your child was injured due to medical malpractice, and also to prove the extent to which the injury occurred.

Many states have established medical indemnity funds that provide financial aid to families of children who have suffered birth injury lawsuit injuries. These funds are a source of a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to an investment fund. These programs can provide families with financial support and lessen the need to file a suit. However, JLARC staff found that the programs don't always meet their objectives and could be improved.

Life Care Planning

Children suffering from conditions like hypoxic ischephalopathy or cerebral palsy will need medical care for the rest of their lives. This includes physical therapy, special equipment, and home health. These expenses can be substantial.

A life-care planning plan is one that lists the future medical, educational home, and other expenditures that a child with disabilities is likely to endure throughout their lifetime. These plans are commonly used to determine the economic portion of damages in a birth injury case. They should be comprehensive and meticulously drafted to meet the strict requirements for evidence admissibility in court.

Experts in planning for life can assist in the creation of these documents by utilizing the input and formal opinions of a child with disabilities' doctors, therapists, and caregivers. The plans also include a detailed narrative of the injury's initial diagnosis. They also explain the root cause of the disability and their long-term consequences.

A medical malpractice lawyer must collaborate with a health care planner to draft the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child is provided with adequate compensation to cover all of their future medical and other expenses. The funds awarded are typically placed into a special needs trust, which is overseen by a licensed administrator. Typically, the amount of funds awarded will be adjusted periodically to reflect changes in your child's needs.

Suffering and Pain

In a birth-related injury case damages are awarded to cover the plaintiff's future and past suffering and pain. This includes the physical and mental discomfort caused by the injury as well as the inability to engage in activities that others can do.

You may also recover earnings if the injury of a victim limits their options professionally or prevents them working at all. Families can also be compensated for the care and treatment of an injured child.

The verdicts for medical malpractice cases tend to be extremely high because juries are often compassionate towards victims and hold doctors responsible for their mistakes. Many doctors and hospitals settle rather than risk a trial that is expensive and difficult for all parties 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 entails the deposition of witnesses to obtain statements under an oath. The defendants can also ask to see the plaintiff's medical records as it is legal in all states.

A lawyer who is experienced in this kind of case is required to file an effective claim for birth injuries. An experienced attorney will review your case to determine whether you have a valid claim and will work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages. These are meant to communicate a message to deter future negligent behavior. They are awarded in cases involving particularly grave negligence or when there was intentional misconduct on the part the medical professional. They are uncommon in cases of birth injuries.

After the attorney identifies the appropriate defendants, they need to examine and gather evidence to back up their assertions. They must demonstrate that the injuries caused by medical professionals did not comply with a high level of care. The legal team is also required to provide evidence of the losses associated with these injuries, referred to as "damages." This information could be of a financial or non-economic in nature.

Economic losses are usually calculated by taking into account the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They could also consider loss of earnings in the event that the injury led one or both parents to leave their jobs.

The legal team will draft an offer package that they will give to malpractice insurers. This document will detail the birth injuries, and their impact on the child as well as the family, and demand compensation for these losses. The lawyers will negotiate until a settlement has been reached with the medical practitioners. During this process, the lawyers will share information about their cases with the opposing side through discovery, which entails depositions of witnesses who take testimony under oath.