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How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child is injured at birth. The amount you receive will depend on a number of factors.

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

Medical expenses

Medical expenses associated with birth injuries can vary significantly based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Similar to that, nerve damage from the pressure of a hand or rough handling can result in permanent limitation and pain. Your lawyer will review the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure that you are compensated in a sufficient amount.

You must demonstrate that a healthcare professional was bound by a duty to you, that they breached their duty, and that this breach led to injuries to your child. It is usually necessary to have medical experts examine the case and provide an opinion basing on their previous experience.

Depending on your situation depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that gave birth to your child, the medical assistants and the hospital the birthing room. Your legal team will send letters to all of these parties informing them that a medical malpractice claim has been filed and they will be given an opportunity to settle the matter before filing an action.

Suffering and pain

A birth injury lawsuit can result in a compensation claim for physical and emotional injuries sustained by a child. The amount of damages a family receives depends on the severity of the injuries as well as the impact on the child's life.

Parents must demonstrate that the medical professional or facility did not operate in accordance with the standards of care in order to be able to make a claim. This means that a physician or hospital's actions caused an injury to a patient. Both sides often hire medical experts to help define the standards. Specialists, like Obstetricians, are held to higher standards.

The majority of birth injury cases settle, rather than go to trial. Trials can be risky, time consuming and expensive. Settlements allow families to receive financial compensation sooner and in a more amicable way. Settlements also ensure that a child's future needs are satisfied. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are among the most severe awards that juries can award in cases involving birth injuries. They are often awarded to punish the offender and to deter others from doing similar crimes. These awards are also designed to make victims feel that their cases are taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are based on the conduct of the defendant and an indictment of moral imprudence. They typically amount to four times the amount of other damages awarded.

A lawyer can help you win you a significant amount of money to help cover medical costs for your child and other financial losses. They may also bring a lawsuit to recover emotional trauma as well as other non-financial damages. Certain states set limits on the amount of compensation a victim can receive. Virginia, for example, sets the amount of damages to be equal to the cost of medical care up to a victim's tenth birthday. The other states have limits on pain and suffering and other damages.

Damages for non-economic damages

In most cases, the injuries of a child require lifetime care. This includes medical care therapies, as well as other expenses. This may include the loss of future wages if the injury interferes with the child's capacity to work and earn a living. This is known as loss consortium.

Your lawyer will assist in calculating the full cost of your child's injuries, which includes non-economic damages. They will collaborate with experts to construct a case that demonstrates the extent to which your child was harmed and the effects on their life. They will also rely on expert witness testimony to prove the doctor's breach of duty of care.

They could also request access to your child's medical records. They are essential to your case. It is important to request these whenever you suspect a birth injury lawsuits injury, as they are frequently lost, misplaced, or destroyed. Your attorney can help you get these documents as quickly as possible.

Damages for economic damages

A birth injury can cause a range of costs that are not immediately obvious. These costs include medical expenses already paid, as well as the anticipated costs of therapy to come such as in-home or institutional treatment, medication, adaptive equipment and travel to and away from appointments with therapists and doctors.

A severe disability can limit the ability of an person to earn a living. This could also cause a ripple effect on a family's finances. Parents might have to give up their jobs or even stop working completely to care for the child with disabilities. This could lead to losing wages.

Parents who are pursuing a claim for birth injuries should keep track of all these expenses and losses to determine the amount they can be awarded. When a jury or a court awards damages, they must take into account a victim's lifelong requirements. The more precise the estimation of future medical costs and losses, the more the amount of compensation will be. In addition, non-economic damages can be awarded even though they are harder to quantify. These can include emotional distress, pain and suffering as well as loss of quality of life, and loss of consortium.