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 is injured during birth. The amount you receive will depend on a number of factors.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will engage in discovery, in which they exchange information and evidence including medical records.

Medical expenses

Medical expenses related to birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for example, may require surgery and long-term therapy. Similarly, nerve damage caused by pressure from a manual or rough handling during delivery can cause permanent discomfort and limitations. Your lawyer will review the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure that you get the right amount of compensation.

You will have to prove that the healthcare professional owed you obligations, and that they violated their duty and that their failure caused your child's injuries. It is usually required to have medical experts review the situation and give their opinion based on past 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 also the hospital where the birth injury law firm took place. Your legal team will contact each of them to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without filing a lawsuit.

Pain and suffering

A birth injury lawsuit can result in compensation for physical and emotional harms suffered by the child. The amount of damages families receive is determined by the severity of the injuries and their effects on a child's daily life.

Parents must show that the medical professional or facility did not operate in accordance with the standard of care in order to win an award. This means that the physician or hospital failed to act with skill or judgement in an instance in which their actions or inactions caused an injury to a patient. Medical experts are often engaged on both sides to define this standard. Specialists, such as doctors of obstetrics, are held accountable to higher standards.

Most cases involving birth injuries settle, rather than go to trial. Trials can be risky, expensive and lengthy. A settlement allows families to receive financial compensation sooner and in a more friendly way. Settlements will ensure that the needs of the future of children are met. This may include the costs of a disability van or home modifications, as well as specialized equipment as well as regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe award juries could award in cases involving birth injuries. They are usually awarded to penalize the wrongdoer and to deter others from doing similar crimes. The aim of these awards is to make the victims believe that their case was considered seriously.

A New York City personal injury lawyer can assist you in determining the value of your case, including non-economic damages. They may also pursue a lawsuit seeking punitive damages if they are appropriate. Punitive damages can be determined based on a defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can assist you to receive a substantial settlement for medical expenses of your child and other financial losses. They may also file a lawsuit for emotional trauma and other losses that are not financial. Certain states have caps on the amount of compensation a victim could receive. Virginia for instance, is able to limit damages to the cost of treatment to a victim reaches their tenth birthday. Other states also have caps on suffering and pain and other damages.

Damages for non-economic damages

In many instances, the injuries of a child will require ongoing treatment. This includes medical care as well as therapies and other costs. This may include the loss of future wages if an injury interferes with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you in calculating the total expense of your child's injuries including non-economic damages. They will work with experts to create an argument to demonstrate the extent to which your child was harmed and the impact on their life. They will also use experts to prove that the doctor violated their duty of care.

They could also demand access to your child’s medical records. These are crucial to your case. These documents are essential to get as soon as you can if you suspect that you have suffered a birth trauma. They could be lost, lost or destroyed. Attorneys can assist you in getting these documents as quickly as possible.

Damages for economic loss

A birth injury can result in a myriad of costs that aren't immediately evident. These include medical expenses already paid as well as the projected expenses for therapy in the future, in-home or institutional care as well as adaptive equipment, medication and travel to and away from therapist or doctor's appointments.

A severe disability could hinder a person's ability to earn a living wage. This could also impact the finances of families. Parents might have to quit their jobs or stop working altogether to take care of a disabled child. This can result in losing income.

Parents who are pursuing a claim for birth injuries must keep track of all costs and losses to determine their maximum possible award. When a judge or jury awards damages, it takes into consideration the needs of the victim throughout their life. The greater the amount is, the more accurate the estimate is of the future medical expenses. Non-economic damages are harder to put a price on however they are awarded too. They include emotional distress, suffering and loss of quality of life, and loss of consortium.