How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child suffers injury in the course of birth. The amount you receive will depend on a number of variables.

The process of bringing a lawsuit begins by your attorney submitting an action against the defendants. Both sides will engage in discovery, in which they share information and evidence, including medical records.

Medical expenses

The medical costs associated with birth injuries can be very different according to the severity of the injury. For example broken bones might require surgery for repair and can result in the cost of physical therapy for a long time. In the same way, nerve damage from physical pressure or rough handling can result in permanent discomfort and limitations. Your lawyer will analyze the medical needs of your child and estimate the cost of treatment for the rest of his life. You will then seek sufficient compensation to cover these.

You will need to prove that a healthcare professional owed a duty to you, and that they breached that duty, and that this breach caused injuries to your child. It is often essential to have medical experts examine the case and offer their opinions basing on their previous experiences.

Depending on the circumstances you might be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave Happy Valley Birth Injury Law Firm to your baby, the staff members and the hospital in which the birth occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing a lawsuit.

Pain and suffering

A birth injury lawsuit can result in compensation for the emotional and physical harms suffered by the child. The amount of compensation families receive is determined by the severity of the injuries and their impact on a child's life.

Parents must demonstrate that the medical professional or facility was not in compliance with the standard of care to prevail in a claim. This means that the doctor or hospital failed to act with skill or judgement in an instance in which their actions or inaction led to the victim to suffer a medical injury. Medical experts are frequently consulted by both sides to determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

The majority of birth injury cases are settled instead of going to trial. Trials can be expensive, time-consuming and costly. Settlements provide families with financial compensation much sooner and in a less threatening process. Settlements ensure that the future needs of a child are taken care of. This can include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe amount a jury could make in an injury case involving birth. They are often given to deter the perpetrator and prevent others from committing similar crimes. They also aim to make victims feel their case has been taken seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including non-economic damage. They may also pursue a lawsuit seeking punitive damages if they are appropriate. Punitive damages can be determined based on a defendant's actions or a determination of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can assist you to get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma, as well as other damages that aren't financial. Some states limit the amount of compensation that the victim could receive. Virginia for instance, caps damages at the cost of medical care up to the tenth birthday celebration of a victim. Other states limit damages for pain and suffering and other kinds of damages.

Damages for non-economic damages

In many cases, the injuries suffered by children will require ongoing care. This includes medical care as well as therapies and other expenses. This could include the possibility of losing future wages if the injury is interfering with the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injury including non-economic damages. They will work with experts witnesses to build a solid case that demonstrates the severity of your child's injuries as well as their consequences on his or her life. They will also use expert witness testimony to prove that the doctor's breach of duty of care.

They may request access to your child’s medical records. These are crucial to your case. It is important to obtain them whenever you suspect that there is a birth injury as they are frequently lost or misplaced. They can also be destroyed. An attorney can assist you get these documents as quickly as you can.

Damages for economic loss

A st john birth injury lawyer injury could cause a range of costs that are not immediately obvious. These costs include medical bills that have already been incurred, as well as the projected costs for therapy to come and in-home medical treatment, medications, adaptable equipment, as well as transport to and from doctor and therapist appointments.

A severe disability can restrict the ability of an individual to earn a living. This could also have an impact on the finances of a family. A parent might have to quit their job or give up all work in order to care for a child with disabilities, leading to a loss of wages.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine their maximum potential award. If a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more precise the estimate of future medical costs and losses, higher the amount awarded will be. Damages that are not economic can also be granted even though they are more difficult to quantify. These may include emotional distress, pain and suffering as well as loss of quality of life, and loss of consortium.