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 of compensation you receive is contingent upon a variety of aspects.

The process of suing starts when your attorney files a complaint against defendants. Both parties will then engage in discovery, where they will exchange evidence and other information such as medical records.

Medical expenses

The medical costs associated with 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 delivery can cause long-term discomfort and even limitations. Your lawyer will review your child's medical requirements and determine estimated lifetime costs of treatment to ensure sufficient compensation to cover them.

You will have to show that the healthcare professional owed you the duty of care, that they violated their duty and that their failure resulted in your child's injuries. The most common way to prove this is for medical experts to examine the case and provide an opinion based on their experience.

Depending on the circumstances you might be able to identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital where the birth took place. Your legal team will send letters to each of these parties advising them that a medical malpractice lawsuit has been filed and they will be given an opportunity to settle the matter before filing a lawsuit.

Pain and suffering

A birth injury lawsuit could result in a settlement for physical and emotional injuries suffered by children. The amount of damages the family is awarded depends on the severity of the injury and the impact on the child's life.

In order to win a case parents must show that a medical professional or a facility failed to act according to the standard of care. It means that a physician or hospital's actions or inactions caused an injury to a patient. Both sides often hire medical experts to help define the standards. Specialists, such as Obstetricians, are held to higher standards.

The majority of birth injury cases are settled prior to going to trial. Trials are costly, time-consuming and expensive. Settlements enable families to receive financial compensation sooner and in a more friendly manner. Settlements guarantee that the future needs of a child are taken care of. This can include the cost of a wheelchair van as well as home modifications, special equipment and ongoing medical treatment.

Punitive damages

In the event of a birth injury, punitive damages could be the most severe judgment that a jury could make. These damages are usually granted to punish the offender and discourage others from making similar mistakes. These awards are also designed to make victims feel that their case has been taken seriously.

A New York garden city birth injury law firm personal injury lawyer can help you determine the worth of your claim, including non-economic damages. They may also bring a lawsuit for punitive damages, if they are appropriate. Punitive damages are awarded based on the defendant’s behavior or a finding of moral immorality. They usually amount to four times the other damages that are awarded.

A lawyer can help you receive a substantial settlement for medical costs for your child and other financial losses. They can also bring a lawsuit to recover emotional trauma and other damages that aren't financial. Some states put caps on the amount of compensation a victim may receive. Virginia, for instance, limits damages up to the cost of treatment until a victim reaches their 10th birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for noneconomic damages

In most cases, the injuries of a child will require ongoing care. This includes medical care therapies, as well as other expenses. This could include the possibility of losing future earnings if the injury interferes with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will help you calculate the total costs of your child's injuries including non-economic damages. They will collaborate with expert witnesses to build a solid case that demonstrates the severity of your child's injuries as well as their consequences on his or her life. They will also use experts to prove that the doctor did not fulfill their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. It is crucial to request these when you suspect a birth injury, as they are frequently lost, misplaced, or destroyed. An attorney can assist you get these documents as swiftly as is possible.

Damages for economic loss

A birth injury could cause a variety of expenses that may not be obvious at first. These expenses can include medical bills already paid as well as the projected costs for therapy in the future such as in-home care, institutional care, medication, adaptive equipment, as well as transportation to and from doctor and Vimeo therapist appointments.

A severe disability can restrict the ability of an individual to earn a living. This could also impact the financial situation of a family. Parents might need to quit their job or give up work entirely in order to care for a child with disabilities, leading to the loss of wages.

Parents who file a claim for birth injury should keep track on these costs and losses to determine how much they may receive. When a judge or jury decides to award damages, they take into account the victim's needs throughout their life. The more accurate the estimate of future medical expenses and losses, the greater the amount of award will be. Non-economic damages are difficult to quantify however they are also awarded. They include emotional distress, suffering loss of quality of life and loss of consortium.