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How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries at birth, you may be entitled to compensation. In general, the amount of money you receive will depend on a variety of factors.

The lawsuit process begins with your attorney filing an complaint against the defendants. Both sides will participate in discovery, in which they exchange information and evidence including medical records.

Medical expenses

Medical expenses associated with a birth injury can vary greatly depending on the nature of your child's injuries. For example broken bones might require surgery to fix them and may result in ongoing physical therapy costs. Also, nerve damage caused by pressure from a manual or rough handling during delivery 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 you are compensated for your expenses.

You will need to prove that a healthcare professional owed the duty to you, that they breached that duty, and that this breach caused the injuries of your child. It is often recommended that medical experts review the situation and give their opinion from their previous experience.

Depending on the situation depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby, their assistants, and the hospital where the birth injury attorney took place. Your legal team will write to each of them to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing an action.

Pain and suffering

A birth injury lawsuit may result in compensation for emotional and physical injuries that a child suffers. The amount of damage the family is awarded is determined by the severity of the injury and the impact it has on the child's life.

Parents must demonstrate that the medical professional or facility did not operate in accordance with the standards of care to win an award. This means that the physician or hospital did not act with skill or judgement in the event that their actions or inactions caused injuries to the body. Both sides often hire medical experts to help define the standards. Specialists, like obstetricians, are held to higher standards.

Most birth injury cases settle rather than going to trial. Trials are costly, risky and time-consuming. Settlements offer families financial compensation much sooner and in a less adversarial process. Settlements also ensure that children's future needs are satisfied. This can include the cost of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe awards juries can award in a birth injury case. They are often awarded to punish the wrongdoer and discourage others from committing similar crimes. These awards are also intended to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If necessary, they may also file a suit for punitive damage. Punitive damages may be awarded based on the defendant’s conduct or a finding of moral immorality. They usually amount to four times the other damages awarded.

A lawyer can help you win you a significant amount of money to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma and other non-financial losses. Certain states have caps on the amount of compensation a victim can receive. Virginia is one example. It caps damages at the cost of medical care up to the victim's tenth birthday. Other states limit damages for pain and suffering and other kinds of damages.

Damages for non-economic damages

In many instances children's injuries cause lifetime medical treatment. This can include medical treatment and therapies, along with other expenses. It could also include future lost earnings in the event that the injury will interfere with the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist in calculating the total cost of your child's injuries including economic damages as well as. They will work with experts to construct an argument that shows how badly your child was harmed and the impact it had on their life. They will also use expert testimony to prove that the doctor did not fulfill their duty of care.

They could also request access to your child's medical records. These are crucial to your case. It is important to obtain them when you suspect a birth injury since they are frequently lost, misplaced, or destroyed. Attorneys can assist you in obtaining these documents as soon as is possible.

Damages for economic damage

A birth injury attorneys injury can cause a range of costs that are not immediately evident. These expenses include medical bills already incurred, as well as the projected expenses for future therapy home care, institutional treatment, medications, adaptive equipment, and transportation to and from therapist and doctor appointments.

A severe disability can hinder an individual's ability to earn a living wage. This could also cause a ripple effect on the finances of a family. Parents might need to quit their job or give up all work in order to care for the child who is disabled, leading to lost wages.

Parents who file a birth injury claim should keep track of all these costs and losses to determine the maximum amount they could be awarded. When a jury or court gives damages, they take into consideration the needs of the victim throughout their life. The higher the amount awarded, the more accurate the estimate of future medical costs. Non-economic damages can be difficult to put a price on but they can be awarded as well. They include emotional distress, suffering and loss of quality of life, and loss of consortium.