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Birth Injury Compensation

If your child has a birth injury as a result of the negligence of a doctor or wrongful action, it can be devastating. These injuries usually require lifelong treatment and care, leaving you with immense financial burdens.

Many birth injury cases require a lengthy debate on medical malpractice versus medical errors. Our lawyers can help to understand the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges consider the severity of the birth injury and the impact it can have on the child's life 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.

The medical treatment for birth injuries can be very expensive. The compensation for a birth injury can help families cover these expenses. Lawyers often work with experts in putting together a "Life Care Plan" which calculates the life-time cost of a child's injuries. These include hospitalization costs, surgical intervention, specialized medical treatment prescriptions, home renovations and equipment, and more.

Your legal team will collect medical records from the time of pregnancy and birth of your child, in addition to firsthand accounts from family members. These documents will be used to show that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have established medical indemnity funds which provide financial assistance to families of children who suffer birth injuries. These funds pay a portion of malpractice insurance premiums. They also require hospitals and doctors to contribute to an account of resources. These programs can help families with financial assistance and lessen the need to file a suit. However, JLARC staff found that these programs do not always meet their goals and need to be improved.

Life Care Planning

Children who suffer from conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have ongoing medical requirements. birth injury lawyer include physical therapy, specialized equipment and home health care. Often, these expenses can be substantial.

A life-care planning plan is an outline of the future medical, education home, and other expenditures children with disabilities will endure throughout their lifetime. These plans are used to calculate the financial portion of the compensation awarded in cases of birth injury. These plans should be thorough and meticulously drafted to comply with the strict requirements for admissibility.

Experts in life-care planning may assist in the preparation of these documents using their input and the formal opinions of disabled children's doctors as well as therapists and caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They also explain the root cause of the disability and its long-term effects.

A medical malpractice lawyer should work with a life care planner to draft the most suitable plan for their clients' situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover the cost of all of their future medical expenses and care. The money is usually placed into a special needs trust that is managed by a reputable administrator. The amount awarded is usually adjusted annually to reflect changes in the future needs of your child.

Suffering and Pain

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

It is also possible to recuperate for the loss of income when an individual's disability restricts their options for employment or stops the person from working at all. In addition, families may be compensated if required to provide care for an injured child.

The verdicts for medical malpractice cases are typically very high, as juries tend to be compassionate towards patients and hold doctors accountable for their errors. Many doctors and hospitals settle rather than risk a trial that is expensive and difficult for all parties involved.

Both sides will collect evidence to support their arguments during the litigation. They will share documents during a process called discovery, which includes deposing witnesses to get statements under an oath. The defendants may also request to see the plaintiff's medical records, which is legal in most states.





A lawyer with experience in this kind of case is essential to make a successful claim for birth injuries. An experienced attorney will review the circumstances of your case, determine if it meets the legal requirements and seek out the most favorable settlement for your financial needs.

Punitive Damages

Some medical malpractice suits contain punitive damages awards, intended as a warning and to prevent future negligence. They can be awarded in cases involving particularly serious negligence or where there was malice on the part of the medical professional. However, they are not common in cases of birth injuries.

After identifying the defendants the attorney needs to gather and review the evidence to support the claim. They must establish that the injuries incurred by medical professionals did't meet an acceptable standard of care. The legal team also has to provide evidence of the damages resulting from these injuries, referred to as "damages." The information could be either economic or non-economic in nature.

Economic losses are figured out by making estimates of ongoing treatment costs which includes long-term facilities as well as other services. They could also include the loss of earnings if an injury has caused both parents to lose their job.

The legal team will prepare the demand package which they will present to the malpractice insurance providers. This document will describe the birth injury and its impact on the child and family as well as request compensation to cover the expenses of these loss. The lawyers will negotiate with the medical providers until they reach a settlement. In this process, lawyers will share information about their cases with the other side through discovery, which entails depositions of witnesses who are required to testify under oath.