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Birth Injury Compensation

It can be devastating if your child suffers a birth injury as a result of an error by a medical professional. These injuries could require long-term treatment and care. You will be left with massive financial burdens.

Additionally, a lot of birth injury cases have a complicated argument about medical errors versus malpractice. Our lawyers can clarify the distinctions.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury as well as the impact it can have on the child's life in determining the amount compensation to be awarded. For birth injury lawyer , if a child requires an ongoing medical procedure which will raise the value of a claim.

The medical treatment for birth injuries can be costly. Compensation for birth injuries could help families cover these costs. Lawyers often work with experts to develop a "Life Care Plan," which calculates the lifetime expenses incurred by a child's accident. This includes hospitalization costs including surgical interventions, specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical documents from the pregnancy and birth of your child, along with firsthand accounts from family members. They will be used to prove that your child sustained an injury due to medical negligence and to demonstrate the extent of the damage caused.

Many states have enacted medical indemnity funds in order to provide financial assistance to families of children who suffer from birth injuries. These funds collect part of malpractice insurance premiums, or require doctors and hospital to contribute to an asset pool. In addition to providing financial assistance, these programs may also reduce the necessity for families to pursue a lawsuit. However, JLARC staff found that the programs don't always achieve their goals and could be improved.

Life Care Planning

Children with disorders such as hypoxic or cerebral palsy will require medical attention for the rest of their lives. These needs include physical therapy, specialized equipment and home health care. These costs can be substantial.

A life-care plan is a document that specifies the future medical, educational, in-home and other expenses a disabled child will incur throughout his or their life. These plans are commonly used to help calculate the economic portion of damages in a birth injury case. These plans must be comprehensive and carefully drafted in order to meet the strict requirements of admissibility.

Life-care planning experts can assist to create these documents based on the input and opinions of the child's medical professionals caregivers, therapists, and doctors. The plans contain a thorough description of the initial injury and its diagnosis. They also explain the root cause of the disability and the long-term effects.

A medical malpractice attorney should collaborate with a planner for life to create the most effective plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover the cost of all of their future medical expenses and care. The funds awarded are typically placed into a special needs trust which is administered by an approved administrator. Typically, the amount of funds awarded will be adjusted periodically to meet changes in your child's requirements.

Suffering and Pain

In a birth-related injury case the damages awarded are for the plaintiff's future and past suffering and pain. This includes physical and mental suffering from the injury as well as the inability to engage in the activities that are normally enjoyed by other people.

It is also possible to get compensation for income loss if the victim's condition limits their professional options or prevents them from working. Additionally, families could be compensated if needed to take care of the child who is injured.

Medical malpractice cases typically have very high verdicts, since juries tend to show compassion for the victims and hold doctors accountable for errors. Due to this, many doctors and hospitals prefer to settle instead of taking on the trial process, which is expensive and stressful for all parties involved.

Both sides will gather evidence to back their arguments during the litigation. They will share documents in the process of discovery, which involves deposing witnesses to obtain their statements under swearing. The defendants may also request to examine the medical records of a plaintiff and are legal in the majority of states.





A successful birth injury claim requires a skilled lawyer in these types of cases. An experienced attorney will review your case to determine if you have a valid lawsuit and will help achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, which are intended to serve as a warning, and also to prevent future negligence. The damages can be awarded when there is a high level of negligence or malice on the part the doctor. However, they are extremely rare in cases of birth injuries.

After the attorney has identified proper defendants, they must find and analyze evidence to support their claims. They must demonstrate that the injuries incurred by medical professionals did not meet the standards of care required. The legal team must also show evidence of the losses that are associated with the injuries, also known as "damages." These damages could be economic or non-economic.

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 lost earnings if an injury caused both or one parent to lose their job.

The legal team will prepare the demand package which they will present to malpractice insurance providers. This document will describe the birth injuries and the impact they have on the child as well as the family, and ask for compensation for these losses. The lawyers will negotiate with the medical professionals until a settlement is reached. During the discovery process, attorneys will exchange information with the other party about their case. This may include taking depositions of witnesses who swear to testify under oath.