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How a Birth Injury Claim Works

You may be entitled to compensation in the event that a medical professional has been negligent and your child is injured in the course of birth. The amount of compensation you receive is contingent upon a variety of factors.

The lawsuit process starts by your attorney submitting an complaint against the defendants. Both parties will then engage in discovery, in which they will trade evidence and documents, including medical records.

Medical expenses

Medical expenses for birth injuries vary in relation to the severity the injury. Broken bones, for example, may require surgery and long-term therapy. Similarly, nerve damage caused by manual pressure or rough handling during the delivery could cause chronic discomfort and limitations. Your lawyer will assess your child's needs and estimate the costs of treatment over the course of their lives to ensure you are compensated for your expenses.

You will need to establish that the healthcare professional owed you obligations, and that they violated their duty and that their negligence caused the injury to your child. It is common for medical experts to examine the case and give an opinion based on their experiences.

Depending on birth injury lawyer , you could name multiple healthcare professionals and hospitals 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 claim for medical malpractice has been filed and that they have an opportunity to settle the issue prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in compensation for emotional and physical injuries suffered by a child. The amount of damage the family is awarded is determined by the severity of the injury and its impact on the child's life.

In order to win a case, parents must prove that a medical professional or facility failed to act according to the standards of care. It means that a physician or hospital's actions or inactions led to a medical injury. Both sides usually employ medical experts to help determine the acceptable standards. Specialists, like Obstetricians, are held to higher standards.

Most birth injury cases settle, rather than go to trial. Trials can be risky, expensive and lengthy. A settlement allows families to receive financial assistance sooner and in a more amicable manner. Settlements also ensure that a child's future needs are met. This could include the cost of a disability van as well as home modifications and special equipment and ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

In the event of a birth injury, punitive damages may be the most severe award that a judge can award. These damages are usually awarded in order to punish the offender and discourage others from making similar mistakes. These awards are also designed to ensure that victims feel their cases are taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim. This includes economic damages. If necessary, they may also file a lawsuit for punitive damage. Punitive damages are awarded based on the defendant’s actions or a determination of moral immorality. They are usually four-times the amount of other damages awarded.

A lawyer can help get you a significant amount of money to cover your child's medical costs and other financial losses. They can also bring a lawsuit to recover emotional trauma, as well as other damages that aren't financial. Some states place caps on the amount of compensation a victim may receive. Virginia for instance, caps damages at the cost of treatment up to the victim reaches their tenth birthday. Other states limit damages for pain and suffering and other types of damages.

Damages for noneconomic damages

In a majority of cases the injuries of a child will cause long-term care. This can include medical treatment as well as therapies and other expenses. It could also include future lost earnings if the accident will interfere with the child's ability to work and earn money. This is known as loss of consortium.





Your lawyer will assist in calculating the cost of your child's injuries including non-economic damages. They will work with experts to construct an argument that shows how much your child was injured and the effects on their life. They will also use expert testimony to prove that the doctor violated their duty of care.

They can also ask for access to your child's medical records. These are vital to your case. These documents are crucial to obtain as soon as you can in the event of that you have suffered a birth trauma. They can be lost, misplaced or destroyed. Your attorney can assist in getting these documents as soon as possible.

Damages for economic damages

A birth injury can result in a myriad of costs that aren't immediately evident. These costs include medical bills already incurred, along with projected costs for future therapy such as in-home care, institutional treatment, medications, adaptive equipment, as well as transport to and from therapist and doctor appointments.

Furthermore, a disability that is severe can limit an individual's ability to earn an income that is sufficient. This could also have a ripple effect on a family's finances. Parents may be forced to quit their jobs or even stop working completely to take care of disabled children. This could result in loss of earnings.

Parents who make a claim for birth injury must keep track of all these costs and losses to determine their maximum possible award. When a jury or court awards damages, it takes into account the victim's needs for the rest of their life. The more precise the estimation of future medical expenses and losses, higher the amount of compensation will be. Non-economic damages are difficult to put a price on, but they can be granted as well. They include emotional suffering, distress, loss in quality of life and loss of consortium.