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Birth Injury Compensation





It could be devastating if your child suffers a birth injury due to an error by a medical professional. These injuries usually require lifelong treatment and care, leaving you with immense financial burdens.

A lot of birth injury cases have a complicated debate about medical errors versus malpractice. Our lawyers can help understand the differences.

Costs of Treatment

Attorneys, insurance companies, and judges look at the severity of the birth injury as well as the impact it has on the child's development in determining the amount of compensation to be paid. If a child needs extensive medical treatment that continues for a long time, the value of the claim will rise.

Medical treatment for birth injuries can be very expensive. Compensation awarded for a birth injury can help families pay for these expenses. Lawyers and experts often work together to create an "Life Care Plan" that calculates the costs of a child's injury over the course of their lives. These include hospitalization or surgical intervention, medical treatment and prescriptions, home improvement projects and equipment, and much more.

Your legal team will gather medical records from the pregnancy and birth of your child, as well as firsthand reports from relatives. These will be used to prove that your child sustained an injury due to negligence by a medical professional, and to demonstrate the extent of the damage caused.

birth injury lawyers have established medical indemnity funds which provide financial assistance to families with children with birth injuries. These funds collect a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to an investment fund. In addition to providing financial assistance, these programs could reduce the need for families to file a lawsuit. JLARC staff however found that these programs did not always achieve their goals and could be improved.

Life Care Planning

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

A life-care planning document 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. They must be thorough and carefully drafted to meet the strict requirements of evidence for legal admissibility in the court.

Experts in planning for life can assist in the development of these documents based on the input and the formal opinions of a child with disabilities' doctors or therapists, as well as the caregivers. The plans provide a detailed description of the initial injury and its diagnosis. They also explain the root cause of the disability and the long-term consequences.

A medical malpractice attorney must collaborate with a life-care planner to draft the best possible plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover all of their future costs and expenses. The funds are usually placed into a special needs trust that is managed by a reputable administrator. The amount of money given is usually adjusted annually to reflect the changing requirements of your child.

Pain and Suffering

In a birth injury case, damages are awarded for the plaintiff's future and past pain and suffering. This includes the physical and mental suffering caused by the injury, as well as the inability to participate in activities that others can participate in.

It is also possible to get compensation for income loss if the disability of a victim limits their professional options or prevents them from working. In addition, families may be compensated if they are required to help care for an injured child.

Medical malpractice claims often have very high verdicts because juries tend to show compassion for the victims and hold doctors accountable for their errors. Due to this, many hospitals and doctors choose to settle instead of undergoing the possibility of a trial, which is expensive and stressful for all parties involved.

During the lawsuit lawyers on both sides will gather evidence to prove their points. They will exchange documents through a process known as discovery, which is the process of deposing witnesses to get statements under an oath. The defendants could also ask to examine the medical records of a plaintiff as it is legal in the majority of states.

A successful birth injury lawsuit requires an experienced lawyer in these types of cases. An experienced attorney will go over the circumstances of your case, determine if it meets the requirements for a lawsuit, and work to secure the best financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damage awards, which are intended to serve as a warning and to deter future negligence. These damages are awarded when there is a high level of negligence or malice on the part the doctor. They are not common when it comes to birth injuries.

After identifying the defendants the attorney needs to gather and analyze the evidence to support the claim. They must show that the injuries caused by the medical professionals failed to meet a high standard of medical care. The legal team also has to prove the losses that were incurred with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, including long-term treatment facilities and other services. They may also factor in loss of earnings if the injury has caused one or both parents to quit their jobs.

The legal team will prepare a demand package to present to the malpractice lawyers. This document will describe the birth injuries and the impact they have on the child and the family, and request compensation for the losses. The lawyers will negotiate until a settlement is reached with the medical providers. In this process, lawyers will share information regarding their cases with the opposing side by way of discovery, which may include depositions of witnesses who testify under an oath.