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Birth Injury Compensation

If your child suffers birth injury resulting from the negligence of a doctor or wrongful decision, it could be devastating. These injuries are often life-long treatment and care, leaving you with enormous financial costs.

Many birth injuries cases have a complicated debate about medical errors versus malpractice. Our attorneys can explain the differences.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury as well as the impact it affects the child's quality of life when determining the amount of compensation to be awarded. If a child requires intensive medical treatment that continues over time, the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers often work with experts to create an "Life Care Plan" which calculates the lifetime costs incurred by a child's injury. These costs include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, among others.

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

Many states have enacted medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds either collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. In addition to providing financial support, these programs can also decrease the necessity for families to file a lawsuit. However, JLARC staff found that these programs don't always meet their objectives and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic encephalopathy will have long-term medical needs. These needs include physical therapies and equipment that is specialized, as well as home health treatment. The costs for these can be significant.

A life-care planning plan is an important document that outlines the future medical, educational home, and other costs that a child who has disabilities will be liable for throughout their life. These plans are commonly used to determine the economic portion of damages awarded in a case of birth injury. These plans should be thorough and carefully drafted in order to meet the strict requirements of admissibility.

Life-care planning experts can assist to draft these documents with the input and opinions of the child's doctors or therapists as well as caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They also explain the root cause of the disability and the long-term consequences.

An attorney for medical malpractice should collaborate with a life-care planner to come up with the best plan for their client's needs. The goal of the plan is to ensure that your child receives the proper compensation to cover the cost of all of his or her future expenses and medical care. The money is usually put into a trust for special requirements, which is managed by an administrator approved by the trustee. Typically the amount awarded will be adjusted periodically to adjust to any changes in your child's requirements.

Suffering and Pain

In cases involving birth injuries the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes physical and mental pain caused by the injury as well as the inability to engage in activities that others could be able to do.

It is also possible to get compensation the loss of income if an individual's disability restricts their career options or prevents them from working. Families could also be compensated for the care and treatment of an injured child.

The verdicts for medical malpractice cases are typically very high, as juries tend to be sympathetic towards patients and hold doctors accountable for their mistakes. Many hospitals and doctors settle rather than risk a trial that is expensive and difficult for all parties involved.

During the litigation attorneys from both sides will collect evidence to justify their arguments. They will exchange documents in the course of discovery, which entails taking testimony from witnesses under the oath. The defendants may also ask to examine the medical records of a plaintiff which is permitted in many states.

A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. A seasoned attorney will analyze your case to determine whether you have a valid lawsuit and will help obtain the most favorable settlement.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages, which are meant to communicate a message to discourage future reckless behavior. They may be awarded in instances of grave negligence or when there was willful misconduct on the part the medical professional. However, they are very rare in cases of birth injuries.

After the attorney identifies the proper defendants, they must collect and analyze evidence to support their claims. They must prove that the injuries caused by the medical professionals did not conform to the an acceptable standard of care. The legal team is also required to show the losses associated with the injuries, which is known as "damages." The information can be economic or non-economic in nature.

Economic losses are typically calculated by estimating the cost of the child's ongoing treatment, which may include long-term care facilities as well as other services. They may also factor in losses in earnings if the injury has caused one or both parents to leave their jobs.

The legal team will create a demand form that they can present to the malpractice insurers. This document will describe the birth injuries and their effects on the child and family, and demand compensation for the loss. The lawyers will negotiate with medical providers until the settlement is reached. During this process, attorneys will exchange information about their cases with the opposing side through discovery, which includes depositions of witnesses who are required to testify under the oath.