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How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you may be entitled to compensation. The amount you receive is contingent on a variety of factors.

The lawsuit process starts with your attorney filing a complaint against the defendants. Both sides will participate in discovery, where they will exchange information and evidence, which could include medical records.

Medical expenses

The medical costs associated with a birth injury vary widely depending on the severity of the injury. Broken bones, for instance, may require surgery and long-term therapy. Similar to that nerve damage resulting from the pressure of a hand or rough handling can cause permanent limitation and pain. Your lawyer will analyze the needs of your child and estimate the cost of treatment over a lifetime to ensure you are compensated in a sufficient amount.

You will have to demonstrate that the healthcare professional owed you an obligation, that they did not fulfill their obligation, and that their negligence caused the injury to your child. It is common for medical experts to examine the case and provide an assessment based on their knowledge.

Depending on the circumstances You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, his assistants, and the hospital the birthing room. Your legal team will write letters to all of these parties, advising them that a medical negligence claim has been filed and they will be given the chance to settle the issue prior to filing an action.

Suffering and pain

A birth injury lawsuit can result in the payment of compensation for emotional and physical injuries suffered by a child. The amount of damage the family is awarded is determined by the severity of the injury as well as its impact on the child's life.

To be able to claim compensation parents must show that a medical professional or a facility failed to perform their duties in accordance with the standards of care. This means that a doctor or hospital's actions caused injuries to patients. Both sides frequently employ medical experts to help define the norm. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases are settled rather than going to trial. Trials are expensive, time-consuming and costly. Settlements offer families financial compensation much sooner and in a less adversarial process. Settlements also ensure that a child's future needs are fulfilled. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

In the case of birth injury, punitive damages could be the most severe judgment that a jury could make. They are usually awarded to punish the offender and discourage others from engaging in similar crimes. These awards are intended to make victims believe that their case was taken seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They may also make a claim for punitive damages, in the event that they are appropriate. Punitive damages are given based on the defendant's conduct or a finding of moral immorality. They are usually four-times the other damages awarded.

A lawyer can assist you to win a significant award for medical costs for your child and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Some states have caps on the amount of compensation that the victim could receive. Virginia, for example, restricts damages to the cost of treatment up to a victim's tenth birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for non-economic damages

In a majority of cases the injuries of a child will cause lifetime care. This includes medical treatments therapies, as well as other expenses. It could also cover future lost earnings if the injury can hinder the child's ability to work and make a living. This is referred to as loss of consortium.

Your lawyer will help you calculate the total amount of the injuries your child sustained which includes non-economic damages. They will work with expert witnesses to create a compelling case that demonstrates the severity of your child's injuries as well as their impact on his or her life. They will also rely on expert witness testimony to prove that the doctor's breach of duty of care.

They could also request access to your child's medical records. These are essential to your case. It is important to request these immediately if you suspect that there is a birth injury as they are often lost or lost. Or, they are destroyed. Your attorney can help you get these documents as quickly as you can.

Damages for economic damage

A birth injury can cause a number of expenses that might not be apparent immediately. These costs include medical bills already incurred, as well as projected expenses for future therapy and in-home medical treatment, medications, adaptable equipment, and travel to and from therapist and doctor appointments.

A severe disability can also make it difficult for an individual to earn a decent living. This could also impact the financial situation of a family. Parents might need to quit their job or stop all work in order to care for the child who is disabled, leading to loss of income.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine the maximum amount they could be awarded. When a judge or jury awards damages, they must take into consideration a victim's long-term needs. The greater the amount and the more accurate the estimate is of the future medical expenses. Non-economic damages are harder to put a price on, but they can be also awarded. These may include emotional suffering, distress, loss of quality of life, and loss of consortium.