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Birth Injury Compensation

If your child suffers a birth injury as a result of the negligence of a doctor or wrongful decision, it could be devastating. These injuries often require lifetime treatment and treatment, which can result in massive financial burdens.

A lot of birth injury cases have a complicated debate about medical malpractice versus medical errors. Our attorneys can help you understand the differences.

Costs of Treatment





In determining the amount to award for a birth injury the attorneys of insurance companies and judges consider the severity of the injury and its impact on the child's life quality. If a child requires intensive medical treatment that continues throughout the course of time, the value of the claim will rise.

Medical treatment for birth injuries is often expensive. birth injury lawyer awarded for a birth injury will help families pay for the costs. Experts and lawyers often collaborate to develop a "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 and prescriptions, home improvements and equipment, etc.

Your legal team will collect medical documents from your child's pregnancy and birth and also firsthand accounts from relatives. These records will be used to show that your child suffered an injury as a result of negligence in the medical field and to show the extent of the damage caused.

Many states have passed medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds collect a portion of malpractice insurance premiums. They also require hospitals and doctors to contribute to the pool of resources. These programs can provide families with financial aid and help reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs don't always meet their aims and need to be improved.

Life Care Planning

Children with disorders such as cerebral palsy or hypoxic ischephalopathy will need medical care for the rest of their lives. These needs include physical therapy, special 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, educational, home and other expenses a child with disabilities will incur throughout his or her life. These plans are typically used to help calculate the amount of damages in a case of birth injury. They must be comprehensive and carefully drafted to satisfy the strict requirements of evidence for the admissibility of the plan in the court.

Life-care planning experts can assist to develop these documents with information and formal opinions from the child's medical professionals, therapists and caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They explain the underlying causes of the disability as well as its long-term effects.

A medical malpractice lawyer should collaborate with a health care planner to draft the most suitable plan for their clients' situation. The plan's goal is to ensure that your child receives enough compensation to cover their future expenses and medical care. The money awarded is typically put into a special needs trust, which is overseen by a licensed administrator. The amount of money awarded is typically adjusted regularly to reflect the changing needs of your child.

Suffering and Pain

In a birth injury lawsuit there are damages awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental suffering caused by the injury, as well as the inability of the plaintiff to participate in activities that others could be able to do.

You may also be able to recover lost income if an injury limits their options professionally or prevents them from working at all. Additionally, families could be compensated if they are required to assist in the care of the child who is injured.

Medical malpractice cases usually have very high verdicts because juries tend to show compassion for victims and hold medical professionals accountable for their errors. Because of this, many hospitals and doctors choose to settle instead of taking on the possibility of a trial, which is costly and stressful for the parties involved.

During the litigation lawyers from both sides will collect evidence to prove their points. They will share documents in the course of discovery, which involves deposing witnesses to get statements under swearing. In most states, defendants may also request access to the records of the plaintiff.

A lawyer who is experienced in this type of case is required to file an effective claim for birth injury. An experienced lawyer will evaluate your case to determine whether you have a valid lawsuit and will help get the best settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are designed to communicate a message to deter future negligent behavior. These damages can be awarded when there is a high degree of negligence or malice on the part the doctor. However, they are rare in birth injury cases.

After the attorney has identified the appropriate defendants, they need to gather and analyze evidence to support their claims. They must establish that the injuries sustained by medical professionals did not comply with a high level of care. The legal team also needs to show the damages resulting from these injuries, also known as "damages." This information could be of a financial or non-economic in nature.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing medical treatment, which includes long-term care facilities and other services. They may also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will develop a demand package that they will give to malpractice insurance companies. The document will outline the birth injury, its effects on the child's and family as well as request compensation to pay the costs of these losses. The lawyers will negotiate with the medical providers until a settlement is reached. During this process, the attorneys will discuss their cases with the opposing side by way of discovery, which may include depositions of witnesses who testify under an oath.