How a Birth Injury Claim Works

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

The lawsuit process starts by your attorney submitting an action against the defendants. Both sides will engage in discovery, where they exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses associated with birth injuries can vary greatly depending on the nature of your child's injuries. For instance, broken bones may require surgery to fix and can result in ongoing physical therapy costs. Additionally, nerve damage caused by manual pressure or rough handling during the delivery can cause long-term discomfort and even limitations. Your lawyer will review the needs of your child and estimate the costs for treatment over a lifetime to ensure you get the right amount of compensation.

You will have to prove that a healthcare professional owed the duty to you, that they violated that duty, and that this breach led to injuries to your child. This typically requires medical experts to look over the case and offer an assessment based on their knowledge.

Depending on your situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, the assistants and the hospital in which the birth occurred. Your legal team will write to all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Pain and suffering

A birth injury lawsuit can result in compensation for the physical and emotional harms suffered by children. The amount of damages a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

Parents must prove that the medical professional or the facility was not in compliance with the standard of care to win a claim. It means that a physician or hospital's actions or inactions led to an injury to a patient. Both sides typically employ medical experts to help define the norm. Specialists, such as obstetricians, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials can be costly, risky and lengthy. Settlements offer families financial compensation earlier and in a less adversarial process. Settlements will ensure that the needs of the future of a child are addressed. This can include the cost of a wheelchair van home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe awards that juries could award in cases involving birth injuries. These damages are often given to punish the perpetrator and deter others from engaging in similar crimes. The purpose of these awards is to make victims feel their cases have been taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They can also pursue a lawsuit seeking punitive damages as long as they are legal. Punitive damages may be awarded based on the defendant’s behavior or on a remark of moral immorality. They are usually four-times the amount of other damages that are awarded.

A lawyer can help get you a significant amount of money to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Certain states have caps on the amount of compensation that a victim can receive. Virginia is one example. It caps damages at the cost of medical care up to the 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 treatment. This includes medical care, therapies, and any other costs. This can include future lost wages if the injury interferes with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injury, including economic damages as well as. They will work with experts to build an argument that shows how badly your child was injured and the effect on their life. They will also use experts to prove that the doctor did not fulfill their duty of care.

They can also ask for access to your child’s medical records. These are essential to your case. These documents are essential to obtain as soon as you can if you suspect that you have suffered a birth trauma. They could be lost, misplaced or destroyed. Your attorney can assist you to get these documents as quickly as you can.

Damages for economic damages

A birth injury could result in a variety of costs that aren't immediately obvious. These costs include medical expenses already incurred as well as projected costs of future therapy such as in-home or institutional treatment as well as adaptive equipment, medication and travel to and away from doctor's and therapist's appointments.

A severe disability can make it difficult for an person to earn a living. This can also impact the finances of a family. Parents may have to give up their jobs or even stop working completely to care for a disabled child. This can lead to loss of wages.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses in order to determine the amount they can be awarded. If a jury or court awards damages, they must take into account a victim's lifelong requirements. The higher the award and the more accurate the estimate of the future medical expenses. Non-economic damages can be difficult to put a price on but they can be granted as well. These include emotional distress, suffering loss of quality of life, and loss of consortium.