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How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. In general, the amount of compensation you receive will depend on a few variables.





The process of suing begins when your lawyer files a complaint against defendants. Both sides will then go through discovery, where they will exchange evidence and information, including medical records.

Medical expenses

Medical costs associated with birth injuries can vary significantly based on the nature of your child's injuries. Broken bones, for example may require surgery and long-term therapy. Similar to that, nerve damage from physical pressure or rough handling can result in permanent limitation and pain. Your lawyer will analyze the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure you are compensated for your expenses.

You will need to prove that a healthcare professional owed the duty to you, and that they breached their duty, and that this breach led to injuries to your child. It is often essential to have medical experts review the situation and give their opinion in light of their experience.

Depending on the circumstances You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that gave birth to your baby, the staff members and the hospital in the hospital where the birth took place. Your legal team will send letters to each of these parties, advising them that a claim for medical malpractice has been filed and they will be given an opportunity to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawsuit may result in a settlement for physical and emotional injuries suffered by children. The amount of damages a family receives is determined by the severity of the injury and the impact it has on the child's life.

To prevail parents must prove that an medical professional or institution failed to perform their duties in accordance with the standards of care. This means that the physician or hospital did not act with competence or judgment in a situation in which their actions or inaction led to an injury to a patient. Both sides frequently employ medical experts to help define the norm. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases are settled instead of going to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive financial assistance sooner and in a more amiable way. Settlements also ensure that children's future requirements are fulfilled. This could include the costs of a disability van or home modifications, as well as specialized equipment in addition to ongoing medical treatment for illnesses like cerebral palsy.

Punitive damages

In the event of a birth injury, punitive damages could be the most severe decision that a judge can award. These damages are usually given to punish the perpetrator and prevent others from committing similar crimes. They also aim to ensure that victims feel their cases have been taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damage. Punitive damages may be awarded based on the defendant’s behavior or a finding of moral immorality. They are usually four times the amount awarded.

A lawyer can assist you to receive a substantial settlement for medical expenses of your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation the victim could receive. Virginia, for example, limits damages to the cost of medical care up to the tenth birthday of a victim. Other states have limits on pain and suffering as well as other types of damages.

Damages for non-economic damages

In many cases, injuries suffered by children will require lifetime care. This includes medical care as well as therapies and other costs. It could also include future loss of earnings if the injury interferes with the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will help you in calculating the total expense of your child's injury, including economic damages as well as. They will collaborate with expert witnesses to create a compelling argument to demonstrate the severity of your child's injuries as well as their consequences on his or her life. They will also use experts to prove that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are essential to your case. It is important to request these when you suspect that there is a birth injury because they are often lost or misplaced. They can also be destroyed. Your attorney can assist you in getting these documents as soon as possible.

Damages for economic damages

A birth injury could cause a range of expenses that aren't immediately apparent. These include medical bills that have already been incurred as well as projected costs of future therapy, in-home or institutional care medications, adaptive equipment and travel to and away from therapist or doctor's appointments.

A severe disability can hinder an individual to earn a decent living. It can also have a ripple affect on the financial situation of the family. Parents might be forced to quit their jobs or stop working altogether to take care of disabled children. This could result in loss of income.

Parents who make a claim for birth injury must keep track of all these costs and losses to determine their maximum possible award. When a judge 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 greater the award amount will be. Non-economic damages can also be awarded even though they are harder to quantify. These can include emotional suffering, distress, loss of quality of life and loss of consortium.