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Birth Injury Compensation

It could be devastating if your child suffers a birth injury due to an error by a medical professional. These injuries can require ongoing treatment and care. You will be left with enormous financial costs.

Many birth injury cases require a lengthy debate on medical errors versus malpractice. Our lawyers can help you understand the differences.

Costs of Treatment

When determining how much to award for a birth injury the attorneys of insurance companies and judges take into account the extent of the injury and the impact it has on the child's quality of life. For instance, if a child requires an ongoing medical procedure that will increase the value of an claim.

The medical treatment for birth injuries is often expensive. Compensation for birth injuries can aid families in covering these costs. Lawyers and experts frequently collaborate to develop a "Life Care Plan" which calculates the cost of a child's injury over the course of a lifetime. These include hospitalization costs or surgical intervention, medical treatment and prescriptions, home improvement projects and equipment, and more.

Your legal team will gather medical documents from the pregnancy and birth of your child, as well as firsthand accounts from relatives. These records will be used to show that your child was injured as a result of medical malpractice, and to show the extent of the injury.

Many states have passed medical indemnity funds in order to help families of children suffering from birth injuries. These funds either collect some of the malpractice insurance premiums, or require doctors and hospital to contribute to the resource pool. In addition to providing monetary support, these programs can also reduce the requirement for families to make a claim. JLARC staff discovered that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have lifelong medical needs. These include physical therapy, specialized equipment and home health. These expenses can be significant.

A life-care plan is a legal document that defines the future medical educational, in-home, and other costs disabled children will have to pay for the rest of his or his or her life. These plans are often utilized to calculate the economic portion of damages awarded in a birth injury lawsuit. They must be thorough and carefully drafted to meet the strict evidentiary requirements for legal admissibility in the court.

Life-care planners can assist to develop these documents with feedback and formal opinions from a disabled child's doctors caregivers, therapists, and doctors. The plans also contain an in-depth description of the injury that caused it and its diagnosis. They explain the underlying reason for the disability and its long-term effects.

A medical malpractice lawyer must collaborate with a health care planner to create 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 the cost of all of their future expenses and medical care. The funds are usually placed in a special needs trust that is managed by a reputable administrator. The amount awarded is usually adjusted periodically to reflect changes in the future needs of your child.

Suffering and Pain

In a birth injury lawsuit the damages awarded are for the plaintiff's past as well as future suffering and pain. This includes physical and mental 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 a victim's disability limits their professional options or prevents the person from working at all. Families can also be compensated if they are required to help care for an injured child.

The verdicts for medical malpractice cases tend to be extremely high because juries are often sensitive to the victims and hold doctors responsible for their errors. Because of this, many hospitals and doctors choose to settle rather than risk a trial, which is expensive and stressful for the parties involved.

Both sides will gather evidence to prove their arguments in the course of trial. They will also exchange documents during a process known as discovery, which includes deposing witness to get statements under swearing. In most states, defendants can also request to view the plaintiff's records.

An attorney with experience in this kind of case is essential to make an effective claim for birth injury. An experienced attorney will go over the circumstances of your case, determine if it meets the requirements for a lawsuit, and work to secure the best settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are designed to convey a message and discourage future reckless behavior. These damages can be awarded when there is a high degree of negligence or malice on the part the doctor. They are uncommon when it comes to birth injuries.

After identifying the defendants the attorney must collect and examine the evidence to back the claim. They must demonstrate that the injuries sustained by medical professionals did not meet a high level of care. The legal team also needs to prove the damages resulting from the injuries, which is known 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 care, which includes long-term care facilities and other services. They may also factor in loss of earnings if the injury caused one or both parents to leave their jobs.

The legal team will prepare an order package that they will present to malpractice insurance companies. This document will describe the birth injuries and their effects on the child as well as the family, and ask for compensation for the loss. The attorneys will negotiate until a settlement has been reached with the medical practitioners. In this process, attorneys will exchange information about their cases with the other side through discovery, which involves depositions of witnesses who take testimony under the oath.