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Birth Injury Compensation

If your child has a birth injury resulting from negligence by a doctor or other wrongful action, it can be devastating. These injuries typically require lifetime treatment and treatment, which can result in massive financial burdens.

Additionally, a lot of birth injury cases have an intricate debate over medical malpractice versus medical mistakes. Our lawyers can help you understand the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges weigh the severity of the birth injury as well as the impact it can have on the child's life when determining the amount of compensation to be paid. For instance the child who suffers from a medical condition requires continuous medical treatment, this will increase the value of a claim.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often collaborate to develop an "Life Care Plan" which calculates the cost of a child’s injury over the course of his or her life. These costs include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, among others.

Your legal team will collect medical records from the pregnancy and birth of your child, as well as firsthand accounts from relatives. They will be used to show that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have enacted medical indemnity funds in order to offer financial aid to families of children who suffer from birth injuries. These funds collect some of the malpractice insurance premiums or require hospitals and doctors to contribute to a resource pool. These programs can help families with financial assistance and decrease the need to file a suit. However, JLARC staff found that these programs don't always meet their aims and need to be improved.

Life Care Planning

Children suffering from conditions like hypoxic ischephalopathy or cerebral palsy will need medical care for the rest of their lives. This includes physical therapy, special equipment, and home health. These costs can be significant.

A life-care plan is a document that establishes the future medical education, home-based, and other costs disabled children will have to pay throughout his or her life. These plans are commonly used to determine the amount of damages in a case of birth injury. They should be comprehensive and carefully designed to meet the strict requirements of evidentiary for admission in court.





Life-care experts can assist in the creation of these documents in accordance with the input and opinions of the child's doctors caregivers, therapists, and doctors. The plans also contain a detailed account of the injury that caused it and its diagnosis. They provide the cause of the disability and its long-term effects.

A medical malpractice lawyer should work with a life planner to develop the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child receives adequate compensation to cover the cost of all of their future care and expenses. The money is usually put into a trust for special needs, which is managed by an administrator who is approved. Typically, the amount of funds allotted will be re-adjusted periodically to adjust to any changes in your child's requirements.

Suffering and Pain

In a birth injury lawsuit the damages awarded are for a plaintiff's past and future pain and suffering. This includes mental and physical stress caused by the injury as well as an inability to participate in the activities that are normally enjoyed by other people.

You may also recover income if an injury limits their options professionally or prevents them working at all. Families could also be compensated to care for an injured child.

The verdicts in medical malpractice cases tend to be extremely high, since juries tend to be compassionate towards victims and hold doctors responsible for their actions. Many hospitals and doctors choose to settle instead of risking a trial that is expensive and stressful for all parties involved.

Both sides will gather evidence to back their arguments during the trial. They will exchange documents through a process known as discovery, which involves taking testimony from witnesses under an oath. In many states, defendants are able to demand access to the plaintiff's records.

An attorney with experience in this type of situation is essential to make a successful claim for birth injury. An experienced lawyer will examine the circumstances of your case, determine if it meets the legal requirements and work to secure the best financial settlement you can get.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are intended to send a message and discourage future reckless behavior. The award of these damages is made when there is a high degree of negligence or malice on the part the doctor. They are not common in cases of birth injury.

After identifying the defendants the attorney must gather and analyze the evidence to support the claim. They must establish that the injuries incurred by medical professionals did not comply with a high level of care. The legal team must prove the losses that were incurred with the injuries, which are 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 care facilities and other services. They may also factor in the loss of earnings if the injury has caused one or both parents to leave their jobs.

The legal team will create a demand form to be presented to the malpractice insurers. This document will detail the birth injuries, and their impact on the child and family, and request compensation for these losses. The attorneys will negotiate until a settlement is reached with the medical practitioners. During this process, lawyers will share information about their cases with the other side through discovery, which includes taking depositions from witnesses who take testimony under oath.