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How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child is injured at birth. The amount you receive will depend on a number of factors.

The process of bringing a lawsuit begins with your attorney filing an accusation against the defendants. Both parties will then engage in discovery, in which they will exchange evidence and other information, including medical records.

Medical expenses

Medical expenses associated with a birth injury can vary significantly based on the nature of your child's injuries. For example broken bones can require surgery to fix and can lead to ongoing physical therapy costs. In the same way, nerve damage from harsh handling or pressure from a manual instrument can result in permanent limitation and pain. Your lawyer will evaluate your child's needs and estimate the costs of treatment over the course of a lifetime to ensure that you are compensated in a sufficient amount.

You will need to demonstrate that the healthcare professional was owed obligations, and that they breached this duty and that their negligence caused your child's injuries. This typically requires medical experts to analyze the case and give an assessment based on their knowledge.

Depending on the circumstances, you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your child, the staff members and the hospital in the birthing room. birth injury attorney brooklyn park will send letters to each of these parties notifying them that a medical malpractice claim has been filed and that they have an opportunity to settle the matter before filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in compensation for emotional and physical injuries suffered by the child. The amount of compensation the family is awarded depends on the severity of the injury and the impact on the child's life.

To be able to claim compensation, parents must prove that a medical professional or facility did not act in accordance with the standards of care. This means that the doctor or hospital acted with a lack of expertise or judgment in the event that their actions or inactions caused 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 instead of going to trial. Trials are costly, risky and time-consuming. Settlements offer families financial compensation earlier and in a less threatening process. Settlements ensure that the future needs of a child are addressed. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are among the most severe awards that a jury could make in a birth injury case. These damages are often granted to punish the perpetrator and deter others from doing the same. The aim of these awards is to make victims believe that their cases were considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, which includes non-economic damage. If they feel it is appropriate, they could also file a suit for punitive damage. Punitive damages are based on the defendant's behavior as well as the conclusion of moral imprudence. They usually amount to four times the amount that are awarded.

A lawyer can assist you to win a significant award to cover medical expenses for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other non-financial losses. Certain states set limits on the amount of compensation a victim can receive. Virginia is an example. Virginia is able to limit damages to the cost of treatment up to the victim's 10th birthday. Other states restrict damages for pain and suffering and other kinds of damages.

Damages for non-economic damages

In a majority of cases children's injuries cause long-term care. This includes medical treatments and therapies, along with other expenses. It can also include future lost earnings in the event that the injury affects the child's ability to work and make a living. This is known as loss consortium.

Your lawyer will assist you in calculating the full cost of your child's injuries, which includes economic damages as well as. They will collaborate with expert witnesses to construct a convincing argument to demonstrate the severity of your child's injuries and their effects on their life. They also will use expert witness testimony to prove that the doctor's breach of duty of care.

They could also request access to the medical records of your child. These are vital to your case. These documents are essential to obtain as soon as you can in the event of that you have suffered a birth trauma. They could be lost, misplaced, or destroyed. An attorney can assist you obtain these documents as fast as is possible.

Damages for economic damage





A birth injury can cause a range of expenses that are not immediately evident. These expenses include the medical charges that have already been incurred as well as projected costs of therapy to come including in-home or institution-based care as well as adaptive equipment, medication and travel to and away from appointments with therapists and doctors.

Furthermore, a disability that is severe can make it difficult for an individual to earn a living wage. This could also cause a ripple effect on the finances of a family. Parents might have to give up their jobs or cease working altogether to care for the child with disabilities. This can lead to losing income.

Parents who seek a birth injury claim should keep track of all expenses and losses to determine their maximum possible award. When a court or jury decides to award damages, they take into account the victim's needs throughout their life. The more accurate the estimate of the future medical expenses and losses, the more the amount of compensation will be. Non-economic damages are harder to put a price on, but they can be awarded too. These may include emotional suffering, distress as well as loss of quality of life and loss of consortium.