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How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries at birth, you may be entitled to compensation. The amount of compensation you receive depends on several variables.

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will participate in discovery, during which they exchange information and evidence including medical records.

Medical expenses

Medical expenses for a birth injury vary widely dependent on the severity of the injury. Broken bones, for instance may require surgery and long-term therapy. In the same way nerve damage caused by the pressure of a hand or rough handling can cause permanent limitation and pain. Your lawyer will review your child's medical requirements and estimate lifetime treatment costs to seek sufficient compensation to cover these.

You must demonstrate that a healthcare professional owed an obligation to you, and that they violated that obligation, and that the breach led to injuries to your child. It is generally recommended that medical experts review the situation and provide their opinion basing on their previous experiences.

Based on the circumstances, you may be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby, the assistants, and the hospital the birthing room. Your legal team will write to all of these individuals to inform them that a claim for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.

Pain and suffering

A birth injury lawsuit can result in compensation for emotional and physical injuries suffered by children. The amount of compensation a family receives depends on the severity of the injuries and the impact they have on a child's lives.

Parents must prove that the medical professional or facility did not behave in accordance with the standards of care in order to be able to make an award. This means that the physician or hospital acted with a lack of competence or judgment in a situation where 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.

Most birth injury cases settle, rather than go to trial. Trials can be risky, lengthy and expensive. Settlements enable families to receive financial compensation faster and in a more amiable way. Settlements also ensure that a child's future requirements are fulfilled. This could include the cost of a disability van or home modifications, as well as specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that a jury may make in an injury case involving birth. They are usually given to punish the perpetrator and to deter others from doing similar offenses. These awards are designed to make victims believe that their cases were 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, as long as they are legal. Punitive damages may be awarded based on the defendant’s actions or a determination of moral immorality. They typically are four times the other damages awarded.

A lawyer can win you a significant amount of money to cover your child's medical costs and other financial losses. They can also file lawsuits for emotional trauma as well as other non-financial losses. Some states put caps on the amount of compensation a victim can receive. Virginia is an example. Virginia limits damages up to the cost of treatment until the victim's 10th birthday. birth injury attorneys limit damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many instances, the injuries of a child will require lifetime care. This includes medical treatments, therapies, and other costs. It could also include future loss of wages if an injury interferes with the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injuries, including non-economic damages. They will collaborate with expert witnesses to create a compelling argument to demonstrate the severity of your child's injuries and their impact on their life. They also will use expert witnesses to prove the doctor's breach of duty of care.

They could also ask for access to your child's medical records. These are vital to your case. These documents are essential to get as soon as you can in the event of that you have suffered a birth trauma. They could be lost, lost or destroyed. Attorneys can assist you in obtaining these documents as soon as possible.

Economic damages - Damages

A birth injury could result in a range of costs that might not be obvious at first. These costs include medical bills that have already been incurred, along with projected expenses for future therapy and in-home medical care, medication, adaptive equipment, and transportation to and from doctor and therapist appointments.





A disability that is severe can restrict the ability of an individual to earn a decent living. This could also have a ripple effect on the family's finances. Parents might be forced to give up their jobs or cease working altogether to care for the child with disabilities. This can lead to losing income.

Parents who are filing a claim for birth injury should keep track on these costs and losses in order to determine the maximum award they may receive. When a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The higher the award is, the more accurate the estimate of future medical costs. Non-economic damages are difficult to put a price on but they can be granted as well. These include emotional suffering, distress loss of quality of life, and loss of consortium.