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How a Birth Injury Claim Works
If medical professionals were negligent and your baby suffered injuries during birth, you could be entitled to compensation. The amount you receive is contingent upon a variety of aspects.
The lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will then engage in discovery, in which they will trade evidence and documents that includes medical records.
Medical expenses
Medical expenses related to birth injuries can vary dramatically based on the severity of the injuries your child sustains. Broken bones, for instance might require surgery or long-term therapy. Additionally, nerve damage caused by manual pressure or rough handling during birth could cause chronic discomfort and even limitations. Your lawyer will analyze your child's needs and estimate the costs of treatment over the course of their lives to ensure that you get the right amount of compensation.
You will need to prove that a healthcare professional owed the duty to you, and that they did not fulfill that duty, and that this breach led to injuries to your child. The most common way to prove this is for medical experts to examine the situation and give an opinion based on their own experience.
Depending on the circumstances it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants as well as the hospital in which the birth took place. Your legal team will send letters to all of these parties notifying them that a medical malpractice lawsuit has been filed and that they have the chance to settle the issue prior to filing a lawsuit.
Suffering and pain
A birth injury lawsuit may result in compensation for the physical and emotional harms suffered by a child. The amount of damages the family is awarded depends on the severity of the injuries and the effects on a child's daily life.
To win a claim parents must prove that a medical professional or a facility was not acting in accordance with the standard of care. It is a way of saying that a physician or hospital's actions or inactions caused the victim to suffer a medical injury. Both sides often hire medical experts to help define the standard. Specialists like obstetricians are held to higher standards than generalist doctors.
The majority of birth injury cases are settled instead of going to trial. Trials can be expensive, time-consuming and costly. A settlement provides families with financial compensation earlier and in a less adversarial process. Settlements also ensure that children's future needs are taken care of. This can include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.
Punitive damages
Punitive damages are among the most severe amount juries could award in cases involving birth injuries. These damages are often granted to punish the perpetrator and deter others from doing the same. The purpose of these awards is to make victims feel that their cases are taken seriously.
A New York City personal injury lawyer can help you determine the worth of your claim, including non-economic damages. If appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the defendant's behavior as well as a finding of moral wrongdoing. They typically amount to four times the other damages awarded.
A lawyer can win you a significant award to help pay for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states place caps on the amount of compensation a victim could receive. Virginia, for instance, limits damages up to the cost of treatment up to the victim's 10th birthday. The other states have limitations on pain and suffering, as well as other damages.
Damages for non-economic damages
In a majority of cases the injuries of a child will result in ongoing care. This includes medical treatment or therapies, as well as any other costs. This could include the possibility of losing future wages if an injury interferes with the child's ability to work and earn a living. This is referred to as loss of consortium.
Your lawyer will help you calculate the total cost of your child's injury, including non-economic damages. They will collaborate with experts to develop a case to show the extent to which your child was injured and the effect on their life. They will also make use of expert witness testimony to prove the doctor's lapse of duty of care.
They can also demand access to your child’s medical records. They are crucial to your case. They are important to request as quickly as you can if you suspect the possibility of a birth trauma. They could be lost, misplaced or destroyed. Your attorney can assist you in obtaining these documents as fast as is possible.
Damages for economic loss
A birth injury can result in a variety of expenses that are not immediately evident. These expenses include the medical bills that have already been and the costs of future therapy such as in-home or institutional treatment and medication, adaptive equipment and transportation to and from appointments with therapists and doctors.
A disability that is severe can restrict the ability of an person to earn a living. It can also impact the financial wellbeing of a family. A parent might have to quit their job or quit their job completely to take care of the child who is disabled, leading to lost wages.
Parents who file a claim for birth injury should keep track of these expenses and losses to determine the maximum award they can receive. When a jury or court decides to award damages, they take into consideration the needs of the victim throughout their life. The more precise the estimate of the future medical expenses and losses, the greater the amount of compensation will be. Non-economic damages are more difficult to quantify, but they can be granted as well. These may include emotional suffering, distress and loss of quality of life and loss of consortium.
