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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 you receive depends on several variables.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will then go through discovery, where they will discuss evidence and other details including medical records.

Medical expenses

Medical expenses related to birth injuries can differ greatly depending on the nature of your child's injuries. Broken bones, for example might require surgery or long-term therapy. Similar to that nerve damage caused by physical pressure or rough handling can result in permanent discomfort and limitations. Your lawyer will evaluate the medical needs of your child and determine the estimated costs for treatment over the course of their lives to ensure sufficient compensation to cover them.

You must prove that the healthcare professional owed you the duty of care, that they violated this duty and that their breach resulted in your child's injuries. It is common for medical experts to look over the case and provide an opinion based on their experience.

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, their assistants, and the hospital where the birth took. Your legal team will write to all of them to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file an action.





Suffering and pain

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

Parents must prove that the medical professional or facility was not in compliance with the standard of care in order to win a claim. This means that a doctor or hospital's actions or inactions caused the victim to suffer a medical injury. Both sides usually employ medical experts to help define the standards. Specialists, like Obstetricians, are held to higher standards.

Most birth injury cases are settled prior to going to trial. Trials can be costly, risky and time-consuming. A settlement allows families to receive financial compensation faster and in a less tense manner. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award juries could award in the case of a birth injury. These damages are typically awarded in order to punish the offender and discourage others from engaging in similar crimes. The aim of these awards is to make the victims believe that their case was considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damage. They can also make a claim for punitive damages, as long as they are legal. Punitive damages are determined by the defendant's behavior and the finding of moral imprudence. They typically amount to four times more than other damages that are awarded.

A lawyer can help you receive a substantial settlement for medical expenses of your child and other financial losses. They are also able to file a lawsuit for emotional trauma and other losses that are not financial. Certain states have caps on the amount of compensation a victim may receive. Virginia is an example. Virginia caps damages at the cost of treatment to the victim's tenth birthday. Other states have limits on pain and suffering, as well as other damages.

Damages for noneconomic damages

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

Your lawyer will assist you determine the total cost of your child's injuries including non-economic damages. They will collaborate with experts to develop an argument to demonstrate how badly your child was harmed and the impact on their life. They also will use expert witnesses to prove the doctor's violation of duty of care.

They can also ask for access to your child's medical records. These are essential to your case. These documents are essential to request as quickly as you can in the event of an injury to your birth. They can be lost, misplaced, or destroyed. Your attorney can assist in getting these documents as soon as possible.

Economic damages - Damages

A birth injury can cause a range of expenses that aren't immediately apparent. These expenses can include medical bills already paid as well as the projected costs for therapy to come home care, institutional treatment, medications, adaptable equipment, and transportation to and from doctor and therapist appointments.

A serious disability may also hinder an individual to earn a living. This can also have a ripple effect on the family's finances. Parents might have to take a break from their work or quit their jobs completely to take care of disabled children. This can lead to the loss of income.

Parents who file an injury claim in the birth should keep track of these expenses and losses to determine the highest amount they can receive. If a court or jury decides to award damages, they take into account the victim's needs for the rest of their life. The more precise the estimation of future medical expenses and losses, the higher the award amount will be. Non-economic damages are more difficult to put a price on, but they can be also awarded. These can include emotional distress, pain and suffering, loss of quality of life and loss of consortium.