How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you could be entitled to compensation. The amount of compensation you receive will depend on a number of factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will engage in discovery, where they share information and evidence, including medical records.

Medical expenses

Medical expenses related to a birth injury can vary dramatically based on the severity of your child's injuries. Broken bones, for example might require surgery or long-term therapy. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can lead to permanent limitation and pain. Your lawyer will review your child's medical requirements and estimate lifetime treatment costs to seek sufficient compensation to cover them.

You must prove that a healthcare professional owed a duty to you, that they did not fulfill that duty, and that this breach led to the injury of your child. It is typically recommended that medical experts review the situation and give their opinion from their previous experience.

Depending on the circumstances, you could be able name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took place. Your legal team will write letters to all of these parties notifying them that a medical negligence claim has been filed and that they are given the chance to settle the matter prior to filing an action.

Suffering and pain

A birth injury lawsuit could result in compensation for emotional and physical injuries suffered by children. The amount of damages a family receives is determined by the severity of the injury and its 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 to win an award. This means that the doctor or hospital was negligent in their skill or judgement in a situation where their actions or inactions caused a medical injury. Medical experts are often consulted by both sides to help define this standard. Obstetricians and specialists are held to higher standards than generalist doctors.

Most birth injury cases settle, rather than go to trial. Trials are costly, time-consuming and expensive. Settlements enable families to receive financial compensation sooner and in a more amicable way. Settlements also ensure that children's future requirements are fulfilled. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe awards that juries could award in a birth injury case. These damages are typically granted to punish the offender and discourage others from engaging in similar crimes. These awards are intended to make the victims believe that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including economic damages. If they are deemed appropriate, they can also file a suit for punitive damage. Punitive damages may be given based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can help you win you a substantial amount to help cover medical costs for your child and other financial losses. They are also able to file a lawsuit for emotional trauma and other non-financial losses. Some states put caps on the amount of compensation a victim may receive. Virginia is one of them. It caps damages at the cost of treatment up to the victim reaches their 10th birthday. Other states have caps on pain and birth injury suffering and other types of damages.

Damages for non-economic damages

In many instances, the injuries of a child require lifetime care. This can include medical treatment, therapies, and other expenses. It can also include future lost earnings if the accident will interfere with the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injuries including economic damages as well as. They will work with experts to create an argument that shows how severely your child was injured and the effect on their life. They also will use expert witnesses to prove the doctor's lapse of duty of care.

They can also ask for access to your child’s medical records. These are crucial to your case. It is crucial to get them when you suspect that there is a birth injury, as they are frequently lost or misplaced. They can also be destroyed. Your attorney can help you in getting these documents as soon as is possible.

Damages for economic damage

A birth injury could cause a range of costs that are not immediately evident. These expenses include medical expenses already paid as well as the projected costs of therapy to come including in-home or institution-based care and medication, adaptive equipment and transportation to and from therapist or doctor's appointments.

A severe disability could hinder a person's ability to earn a living wage. This could also have a ripple affect on the finances of families. Parents might be forced to quit their jobs or cease working altogether to care for disabled children. This can lead to loss of income.

Parents who file a birth injury claim should keep track of all costs and losses in order to determine their maximum possible award. When a judge or jury decides to award damages, they take into account a victim's lifelong needs. The greater the amount, the more accurate the estimation of the future medical expenses. Non-economic damages can be difficult to quantify, but they can be awarded as well. These include emotional suffering, distress and loss of quality of life, and loss of consortium.