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Birth Injury Compensation

Children with birth injuries need every resource needed to lead a full and fulfilling life. A settlement will provide them with the financial assistance they require to receive these resources.

A petition can be filed by a personal representative, parents, guardian or the next-of-kin to an injured child. When a petition is filed, petition, a rebuttable presumption will be established that the alleged injury claimed is a birth-related neurological injury as defined by SS 38.2-5001.

Medical expenses

It can be extremely upsetting to discover that a child suffered birth injuries due to medical negligence. In addition to the emotional stress that can occur in the aftermath, financial burdens can be substantial. Parents are responsible for immediate medical care and may have to invest a lifetime in therapy and other treatments.

Your attorney will go over the evidence to establish that an health professional made an error which directly led to the injuries suffered by your child. Then, he or she will calculate your child's estimated future expenses to include in the demand for compensation. These are known as economic damages.

You can seek non-economic damages in addition to paying for medical expenses of your child and any other costs associated with it. This will pay you and your family members for the pain and suffering your child has suffered. These damages aren't as quantifiable and could include mental distress, disfigurement and other intangibles.

Many states have instituted medical indemnity schemes to cover future medical and rehabilitation expenses for those who suffer severe birth injuries. These funds are financed by a portion of malpractice insurance premiums, or require hospitals and doctors to contribute. For example the New York's Medical Indemnity Fund provides lifetime payouts to children and adults with a neurological birth injury.





Suffering and pain

It's extremely costly to provide your child with medical assistance throughout their life after an accident at birth. Even minor injuries can add up. You are entitled to compensation for the suffering and pain that could result from these injuries.

Whatever the severity of your child's injuries are, it is not advisable to speak with the hospital or insurance company without first consulting an attorney. What you tell these people can be used against your case, and they could try to reduce the amount of money that you receive. This is the reason it's crucial to speak with an experienced birth injury lawyer before doing anything else.

Once you've consulted with an attorney, they will create a strong case for your child and the injuries they sustained. This may include the use of expert testimony to prove your claim. They will also get certified statements from the lawyers of the defendants and any other parties involved.

If they have enough evidence the lawyer will present an order to the hospital and doctor responsible. The document will explain the facts about your child's injuries, and how they were caused due to medical malpractice. It also includes documents and evidence to support your claims. If the doctor refuses the offer, your lawyer will file a lawsuit.

Future care costs

Severe birth injury can result in expensive long-term treatment that affects families financially. A child who has cerebral palsy requires lifelong treatment that could include surgeries and home health care assistants, medication and therapy sessions, as well as doctor's appointments and prescriptions. These expenses can quickly add up and significantly impact the life of a family.

In certain situations, a birth injury lawyer will employ an expert to create what's known as a "life care plan." The document will estimate future needs based upon the victim's medical history and age. It provides estimates of the annual cost for things such as medications or therapies, doctor visits and attendant care, the possibility of lost income, transportation and home improvements.

These damages could constitute an important portion of the settlement in a birth-injury suit or jury verdict. They are intended to improve the quality of life for the victim. However, some states limit damages that are not economic and this limitation could apply to birth-related injury claims.

Many doctors and hospitals, insurance companies and doctors will refuse to admit negligence or compensate for a birth defect. A majority of lawyers will accept a settlement rather than going to trial. An attorney will create an offer package and then send it to medical professionals involved in the case along with a detailed explanation of the circumstances that led to your child's injuries. If the doctor or hospital refuses to comply with the terms of the agreement your lawyer will file suit.

Economic damages

A birth injury is costly to treat and those who suffer from it can require expensive care for a long time or even their entire lives. Economic damages in these instances could include future and past medical expenses as well as other costs associated with the patient's care such as mobility equipment. These are usually calculated by a specialist expert witness.

Parents also deserve compensation for the emotional distress caused by the trauma and knowing that their child's medical malpractice could have been prevented. Certain states have laws acknowledging this emotional trauma and providing victims with non-economic compensation for it.

It's essential for families to understand that although many birth injuries result in serious and debilitating issues children can lead life-changing lives with the appropriate help. This is why it's essential that they have the financial resources necessary to give them the best chance of a happy and successful life.

A knowledgeable lawyer can help a family to file a birth injury lawsuit against the hospital or doctor responsible for their child's injuries. They will examine the case thoroughly and collect additional evidence to prove their claim that the medical professional failed to adhere to a standard of care. Then, they'll engage in negotiations with the defendants to reach a settlement. If not, they'll plan to bring an action.