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Birth Injury Compensation

If your child suffers birth injury because of the negligence of a doctor or wrongful decision, it could be devastating. These injuries can require ongoing treatment and care. The family will be left with huge financial costs.

In addition, many birth injuries cases require a complex argument over medical malpractice versus medical mistakes. Our lawyers can help discern the differences.

Costs of Treatment

Attorneys, insurance companies and judges look at the severity of the birth injury as well as the impact it has on the child's development in determining the amount compensation to be paid. If a child needs extensive medical treatment which continues in the future, the value of the claim will rise.

Medical treatment for birth injury is often expensive. Compensation for birth injuries could assist families with these costs. Lawyers and experts often collaborate to create an "Life Care Plan" that calculates the costs of a child's injuries over the course of a lifetime. These costs include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will gather medical documents from the pregnancy and birth of your child, in addition to firsthand accounts from relatives. These records will be used to show that your child was injured as a result of medical malpractice, and also to prove the extent of the injury.

Many states have enacted medical indemnity funds to provide financial support to families of children suffering from birth injuries. These funds may either take a portion from malpractice insurance premiums, or require doctors and hospital to contribute to a resource pool. These programs can help families with financial assistance and help reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs do not always meet their goals and should be improved.

Life Care Planning

Children with disorders such as hypoxic ischephalopathy or cerebral palsy will require medical treatment for the rest of their lives. This includes physical therapies and equipment that is specialized, as well as home health treatment. These expenses can be substantial.

A life-care plan is a document that specifies the future medical educational, in-home, and other expenses that the child with disabilities will be liable for throughout his or her life. These plans are used to calculate the economic amount that is awarded in the event of birth injury. These plans must be thorough and carefully drafted in order to satisfy the strict requirements of admissibility.

Life-care experts can assist in the development of these documents based on the information and the opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans also include an extensive description of the injury's initial diagnosis. They explain the underlying causes of the disability and the long-term consequences.

A medical malpractice lawyer should work with a life planner to create the most appropriate plan for their clients' situation. The aim of the plan is to ensure that your child is provided with adequate compensation to cover all of their future care and expenses. The money is usually put into a trust for special needs, which is managed by an administrator who is approved. Typically the amount allotted will be re-adjusted periodically to adjust to any changes in your child's needs.

Suffering and Pain

In a birth-related injury case, damages are awarded for the plaintiff's future and past suffering and pain. This includes physical and mental discomfort caused by the injury as well as an inability to engage in activities normally enjoyed by others.

You may also be able to recover lost income if an injury limits their options professionally or prevents them working at all. Families could also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases tend to be extremely high because juries are often sympathetic to victims and hold doctors responsible for their mistakes. Due to this, many hospitals and doctors choose to settle rather than risk a trial, which is expensive and stressful for the parties involved.

Both sides will collect evidence to support their arguments during the litigation. They will exchange documents through a process known as discovery, which involves interviewing witnesses to obtain their statements under oath. The defendants may also request to see the plaintiff's medical records as it is legal in the majority of states.

A successful birth injury claim requires a lawyer with experience in these types of cases. An experienced lawyer will evaluate your case to determine whether you are entitled to a lawsuit and will work to obtain the most favorable settlement.

Punitive Damages





Certain medical malpractice lawsuits contain punitive damages. These are meant to communicate a message to discourage any future negligent behavior. The award of these damages is made when there is a high degree of negligence or malice on the part of the doctor. They are uncommon in cases of birth injury.

After identifying the defendants, the attorney must gather and evaluate the evidence in support of the claim. They must show that the injuries incurred by medical professionals did not comply with the standard of care. The legal team should also provide evidence of losses associated with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing treatment, which may include long-term care facilities and other services. These may also include lost earnings if a traumatic event caused both or one parent to lose their job.

The legal team will then create a demand document that they can present to the malpractice insurance companies. birth injury attorneys will detail the birth injury and its effect on the child and family and request compensation to cover the costs associated with these losses. The lawyers will negotiate with the medical professionals until an agreement is reached. During the discovery process, attorneys will exchange information with the other party about their cases. This may include depositions of witnesses who testify on oath.