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Birth Injury Compensation

If your child is suffering from a birth injury because of a doctor's negligence or wrongful decision, it could be devastating. These injuries typically require lifetime treatment and care, leaving you with immense financial burdens.

Many birth injury cases also involve a complex debate over medical errors versus malpractice. Our attorneys can help you learn the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges consider the severity of the birth injury and the impact it can have on the child's life when determining the amount compensation to be awarded. For instance the child who suffers from a medical condition requires continuous medical treatment which will raise the value of an claim.

Medical treatment for birth injuries can be very expensive. The compensation awarded for a birth injury can help families pay for these expenses. Lawyers often work with experts in putting together an "Life Care Plan" which calculates the life-time costs of a child's injury. These expenses include hospitalization, surgery, specialized medical treatments such as prescriptions, home repairs and equipment, among others.

Your legal team will collect medical records from your child's birth as well as pregnancy and also firsthand reports from family members. These records will be used to prove that your child was injured due to medical malpractice, and to show the extent to which the injury occurred.

Many states have passed medical indemnity funds to provide financial assistance to families of children suffering from birth injuries. These funds take a percentage of malpractice insurance premiums, or require hospitals and doctors to contribute to an account of resources. These programs can provide families with financial support and lessen the need to file a suit. However, JLARC staff found that these programs may not always achieve their goals and could be improved.

Life Care Planning

Children with conditions such as hypoxic or cerebral palsy will need medical care for the rest of their lives. These include physical therapies and equipment that is specialized, as well as home health care. In many cases, these expenses can be very expensive.

A life-care planning document a document which outlines the future medical, educational home, and other costs that a child who has disabilities will endure throughout their lifetime. These plans are used to calculate the financial portion awarded in a case of birth injury. They must be comprehensive and carefully drafted to meet the strict evidentiary requirements for legal admissibility in the court.

Experts in planning for life can assist in the development of these documents based on the their input and the formal opinions of a disabled child’s doctors or therapists as well as caregivers. The plans also contain a detailed narrative of the initial injury and diagnosis. They describe the underlying causes of the disability as well as the long-term effects.

A medical malpractice attorney should collaborate with a planner for life to develop the most effective plan for their client's needs. The aim of the plan is to ensure your child receives sufficient compensation to cover all future expenses and health care. The money is typically put into a trust for special requirements, which is managed by an authorized administrator. Typically, the amount of funds awarded will be adjusted periodically to meet changes in your child's future requirements.

Pain and Suffering

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

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

Medical malpractice cases typically have very high verdicts due to the fact that juries tend to show compassion for victims and hold doctors accountable for errors. This is why many hospitals and doctors prefer to settle instead of undergoing an appeal, which can be expensive and stressful for all parties involved.

During the trial attorneys from both sides will collect evidence to justify their arguments. They will share documents through a process known as discovery, which involves deposing witnesses to get statements under an oath. In most states, defendants can also demand access to the records of the plaintiff.

A lawyer with experience in this type of case is required to submit a successful claim for birth injury. A knowledgeable attorney will examine your case to determine whether you have a valid lawsuit and will work to find the most effective settlement.





Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are designed to send a message and discourage future reckless behavior. They may be awarded in cases involving particularly serious negligence or where there was negligence on the part of the medical professional. However, they are very rare in cases of birth injuries.

After identifying the defendants, the attorney needs to gather and evaluate the evidence in support of the claim. They must prove that the injuries caused by medical professionals failed to meet a high standard of care. The legal team must be able to prove the loss that was caused with the injuries, which are known as "damages." These damages can be either economic or non-economic.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing care, which includes long-term care facilities as well as other services. birth injury lawyers is also possible to include loss of earnings in the event that the injury caused one or both parents to quit their jobs.

The legal team will then prepare a demand letter to present to the malpractice insurance companies. The document will explain the birth injury and the impact it has on the child's and family as well as request compensation to pay the costs of these loss. The lawyers will negotiate until a settlement has been reached with the medical professionals. In this process, attorneys will exchange information about their cases with the opposing side by way of discovery, which may include taking depositions from witnesses who are required to testify under the oath.