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How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries during birth. The amount you receive is contingent upon a variety of factors.

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

Medical expenses

Medical expenses for a birth injury vary widely according to the severity of the injury. Broken bones, for example may require surgery and long-term therapy. In the same way, nerve damage triggered by manual pressure or rough handling during the delivery could cause chronic discomfort and even limitations. Your lawyer will review your child's medical needs and estimate the cost of treatment for the rest of his life. You will then seek sufficient compensation to cover them.

You must demonstrate that a healthcare professional owed a duty to you, that they violated that obligation, and that the breach led to injuries to your child. It is generally necessary to have medical experts examine the case and provide an opinion from their previous experience.

Depending on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, the medical assistants and the hospital which the birth occurred. Your legal team will write letters to all of these parties notifying them that a medical malpractice claim has been filed and they will be given an opportunity to settle the matter before filing an action.

Pain and suffering

A birth injury lawsuit can result in a settlement for physical and emotional injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injury and the impact on a child's life.

To win a claim parents must prove that an medical professional or institution did not act in accordance with the standards of care. This means that the doctor or hospital failed to act with competence or judgment in the event that their actions or inaction resulted in an injury to a patient. Medical experts are often engaged by both sides to determine the standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials are risky, lengthy and costly. Settlements offer families financial compensation earlier and in a less adversarial process. Settlements also ensure that a child's future needs are met. This can include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In a case of birth injury, punitive damages may be the most severe verdict that a jury can make. These damages are typically awarded in order to punish the offender and discourage others from committing similar crimes. These awards are designed to make the victims believe that their case was considered seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including economic damages. They may also pursue a lawsuit seeking punitive damages if they are appropriate. Punitive damages are determined based on a defendant's behavior or a finding of moral immorality. They typically amount to four times the other damages awarded.





A lawyer can help win you a significant sum to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma or other damages that are not financial. Some states place caps on the amount of compensation a victim can receive. Virginia for instance, caps damages at the cost of medical care up to the tenth birthday celebration of a victim. Other states restrict damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require lifetime care. This includes medical treatment or therapies, as well as any other costs. This may include the loss of future wages if the injury is interfering with the child's ability to work and earn a living. This is called loss of consortium.

Your lawyer will help you estimate the full cost of your child's injuries as well as non-economic damage. They will work with experts witnesses to create a compelling case to show the extent of your child's injuries as well as their impact on his or her life. They will also rely on expert witness testimony to prove the doctor's violation of duty of care.

They may also ask for access to your child's medical records. These are critical to your case. They are important to obtain as soon as possible if you suspect the possibility of a birth trauma. They can be lost, misplaced or destroyed. Your attorney can help you get these documents as swiftly as you can.

birth injury lawyer - Damages

A birth injury could result in a number of expenses that might not be obvious at first. These expenses can include medical bills already paid as well as projected expenses for future therapy home care, institutional care, medications, adaptive equipment, and transport to and from doctor and therapist appointments.

Furthermore, a serious disability can make it difficult for an individual to earn a living wage. This can also affect the family's finances. Parents may be forced to give up their jobs or stop working altogether to take care of disabled children. This can result in losing earnings.

Parents who file a claim to recover for birth injuries should keep track of these costs and losses in order to determine the maximum award they could receive. If a jury or court awards damages, they take into account the victim's ongoing requirements. The greater the amount is, the more accurate the estimation of future medical costs. In addition, non-economic damages can be awarded although they are more difficult to quantify. These include emotional distress, pain and suffering and loss of quality of life and loss of consortium.