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How a Birth Injury Claim Works

You could be entitled to compensation in the event that a medical professional has been negligent and your child suffers injury at birth. The amount you receive is contingent upon a variety of aspects.

The lawsuit process begins by your attorney submitting a complaint against the defendants. Both sides will engage in discovery, during which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses related to birth injuries can differ greatly depending on the nature of the injuries your child sustains. For instance broken bones could require surgery to repair and can result in ongoing physical therapy costs. Similar to that nerve damage resulting from the pressure of a hand or rough handling can result in permanent discomfort and limitations. Your lawyer will evaluate your child's medical needs and determine the estimated cost of treatment for the rest of his life. You will then seek enough compensation to cover these.

You must establish that the healthcare professional owed you the duty of care, that they breached this duty and that their breach caused your child's injuries. It is common for medical experts to review the case and offer an opinion based on their own experience.

Depending on the situation, 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 where the birth took. Your legal team will send letters to all of these parties notifying them that a medical malpractice lawsuit has been filed and that they are given the chance to settle the matter 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 damages families receive is determined by the severity of the injury and its impact on the child's life.

Parents must show that the medical professional or the facility did not behave in accordance with the standard of care to prevail in an award. This means that the physician or hospital did not act with competence or judgment in an instance in which their actions or inaction led to a medical injury. Both sides often hire medical experts to help determine the standard. Specialists, like obstetricians, are held to higher standards.

Most birth injury cases are settled instead of going to trial. Trials can be risky, expensive and lengthy. A settlement allows families to receive financial compensation faster and in a more friendly way. Settlements ensure that the future needs of a child are taken care of. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe amount juries can award in the case of a birth injury. They are often awarded to punish the wrongdoer and to deter others from doing similar crimes. These awards are designed to convince victims that their case was taken seriously.

A New York City personal injury lawyer can help you determine the worth of your claim, including non-economic damages. They may also file a lawsuit for punitive damages, if they are appropriate. Punitive damages are determined by the conduct of the defendant and the finding of moral wrongdoing. They typically are four times the amount of other damages awarded.

A lawyer can assist you to get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states put caps on the amount of compensation a victim can receive. Virginia is an example. Virginia restricts damages to the cost of treatment up to a victim reaches their 10th birthday. Other states restrict damages for pain and suffering and other types of damages.

Damages for non-economic damages

In many instances the injuries of a child will cause ongoing medical treatment. This can include medical treatment as well as therapies and other costs. It may also include lost earnings in the event that the injury is affecting the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will assist you to calculate the full cost of your child's injury as well as non-economic damage. They will collaborate with experts to construct a case to show how much your child was harmed and Law the effect on their life. They will also make use of expert witness testimony to prove the doctor's breach of duty of care.

They could also request access to your child's medical records. These are vital to your case. It is essential to obtain them immediately if you suspect that there is a birth injury, as they are frequently lost or misplaced. They can also be destroyed. Your attorney can assist in getting these documents as quickly as is possible.

Damages for economic damage

A birth injury could result in a number of expenses that may not be apparent immediately. These expenses include medical bills that have already been incurred, and also projected costs for future therapy and in-home medical treatment, medications, adaptive equipment, as well as transport to and from doctor and therapist appointments.

Furthermore, a disability that is severe could hinder a person's ability to earn an income that is sufficient. This could also affect the finances of a family. Parents might need to quit their job, or even quit all work in order to take care of an ailing child, which can lead to loss of income.

Parents who are pursuing a claim for birth injuries must keep track of all these costs and losses to determine the amount they can be awarded. If a court or jury decides to award damages, they take into consideration the needs of the victim throughout their life. The more precise the estimate of the future medical expenses and losses, the higher the amount of compensation will be. Non-economic damages are harder to quantify however they are awarded as well. These include emotional suffering, distress as well as loss of quality of life and loss of consortium.