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Birth Injury Compensation

If your child suffers birth injury resulting from a doctor's negligence or wrongful action, it can be devastating. These injuries typically require lifetime treatment and care, leaving you with huge financial burdens.

In addition, many birth injuries cases require a complex argument over medical malpractice versus medical errors. Our lawyers can explain the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the birth injury and the impact it has on the child's development in determining the amount of compensation to be paid. If a child requires extensive medical treatment that continues throughout the course of time the value of the claim will increase.

Medical treatment for birth injury can be expensive. Compensation awarded for a birth injury can help families pay for these expenses. Lawyers often work with experts to create an "Life Care Plan," which calculates the life-time costs incurred by a child's injury. These costs include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from the time of pregnancy and birth of your child, along with personal accounts from relatives. They will be used to demonstrate that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the damage caused.

Many states have passed medical indemnity funds to provide financial support to families of children who suffer from birth injuries. These funds collect a portion from malpractice insurance premiums or require hospitals and doctors to contribute to a resource pool. These programs can provide families with financial aid and decrease the need to file a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic encephalopathy are likely to have long-term medical needs. These include physical therapy, specialized equipment and home health care. Often, these expenses can be substantial.

A life-care planning document is an important document that outlines the future medical, education home, and other expenses children with disabilities will incur throughout his or her life. These plans are used to calculate the financial portion of a settlement in the case of birth injury. These plans should be thorough and carefully drafted in order to satisfy the strict requirements of admissibility.

Life-care planning experts can help to create these documents using the input and opinions of a disabled child's doctors or therapists as well as caregivers. The plans also contain an in-depth description of the injury's initial diagnosis. They also explain the root cause of the disability and its long-term effects.

A medical malpractice lawyer must collaborate with a life-care planner to create the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover all of their future expenses and health care. The money is usually put into a trust for special needs, and is overseen by an administrator approved by the trustee. The amount awarded is typically adjusted regularly to reflect changes in the future requirements of your child.

Suffering and Pain

In a birth injury lawsuit there are damages awarded for the plaintiff's future and past pain and suffering. This includes mental and physical suffering from the injury as well as the inability to engage in activities that are enjoyed by other people.

You can also recover lost income when a victim's injury restricts their career options or prohibits them from working all. Families can also receive compensation for the care and treatment of an injured child.

Medical malpractice cases often receive very high verdicts, since juries tend to show sympathy for the victims and hold doctors accountable for their mistakes. Many hospitals and doctors settle rather than risk a trial that is expensive and stressful for everyone involved.

During the lawsuit lawyers from both sides will collect evidence to back their arguments. They will share documents in the course of discovery, which entails interviewing witnesses to obtain their statements under swearing. In most states, defendants are able to request to view the records of the plaintiff.

A successful birth injury lawsuit requires a lawyer with experience in these kinds of cases. A knowledgeable attorney will examine your case to determine if you have a valid lawsuit and will help get the best settlement.

Punitive Damages

Some medical malpractice suits also contain punitive damages awards, intended as a stern warning to discourage future negligence. These damages are awarded when there is a substantial amount of malice or negligence on the part of the doctor. However, they are rare in birth injury cases.

After the attorney has identified the appropriate defendants, they need to examine and gather evidence to support their claims. They must show that the injuries caused by the medical professionals did not conform to the standards of care. The legal team must show evidence of the losses that are associated with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs which includes long-term facilities as well as other services. They may also include the loss of earnings if an injury caused one or both parents to lose their job.

The legal team will then create a demand document that they can present to the malpractice lawyers. The document will detail the birth injury and its effect on the child and family and request compensation to cover the costs of these loss. The attorneys will negotiate until a settlement has been reached with the medical professionals. During the discovery process, lawyers will exchange information with other party about their cases. This may include taking depositions of witnesses who take oath testimony.