Kam Maes asked 3 months ago
How a Birth Injury Claim Works
You may be entitled to compensation when a medical professional is negligent and your child suffers injury at birth. In general, the amount of compensation you receive will depend on a few variables.
The lawsuit process begins by your attorney submitting an action against the defendants. Both sides will engage in discovery, in which they exchange information and evidence, which could include medical records.
Medical expenses
Medical costs associated with a birth injury can vary dramatically based on the severity of your child’s injuries. For example broken bones can require surgery for repair and can lead to costly physical therapy over the long term. In the same way nerve damage resulting from harsh handling or pressure from a manual instrument can result in permanent limitation and pain. Your lawyer will assess the needs of your child and estimate the costs of treatment over the course of a lifetime to ensure you get the right amount of compensation.
You must prove that the healthcare professional owed you obligations, and that they violated their duty and that their failure caused the injury to your child. It is typically essential to have medical experts look over the case and offer their opinions based on past experiences.
Depending on the circumstances, you could 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 took. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without having to file a lawsuit.
Pain and suffering
A birth injury lawsuit may result in the payment of compensation for emotional and physical injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injury and the impact on a child’s life.
To be able to claim compensation parents must prove that a medical professional or facility failed to perform their duties in accordance with the standard of care. This means that the physician or hospital was negligent in their competence or judgment in a situation where their action or inaction caused a medical injury. Medical experts are often involved on both sides to determine the standard. Specialists, like obstetricians, are held to higher standards.
Most birth injury cases settle rather than going to trial. Trials are costly, time-consuming and expensive. A settlement allows families to receive financial compensation faster and in a more friendly manner. Settlements ensure that future needs of a child are addressed. This could include the cost of a wheelchair van as well as home modifications, special equipment, and ongoing medical care.
Punitive damages
Punitive damages are the most severe awards that juries can award in a birth injury case. These damages are usually given to punish the perpetrator and prevent others from committing similar crimes. They also aim to ensure that victims feel their case has been taken seriously.
A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. They can also file a lawsuit for punitive damages as long as they are legal. Punitive damages are determined by the defendant’s behavior as well as the conclusion of moral wrongdoing. They usually amount to four times the amount that are awarded.
A lawyer can assist you to obtain a substantial award for medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma and other losses that are not financial. Some states cap the amount of compensation the victim could receive. Virginia for instance, caps damages at the cost of care through the tenth birthday of a victim. The other states have limitations on pain and suffering, as well as other damages.
Damages for noneconomic damages
In many instances the injuries of a child will cause lifetime medical treatment. This includes medical treatment therapies, as well as other expenses. It may also include lost earnings if the injury is affecting the child’s ability to work and earn money. This is known as loss of consortium.
Your lawyer will help you estimate the full cost of your child’s injury which includes non-economic damages. They will work with experts witnesses to build a solid case to show the extent of your child’s injuries and their effects on their life. They will also rely on expert witnesses to prove the doctor’s violation of duty of care.
They could also request access to the medical records of your child. They are crucial to your case. It is essential to request them whenever you suspect that there is a birth injury, as they are often lost, misplaced, or destroyed. Your attorney can assist you in obtaining these documents as fast as is possible.
Damages for economic damages
A birth injury can result in a variety of expenses that aren’t immediately apparent. These expenses can include medical bills that have already been incurred, along with projected costs for therapy to come such as in-home care, institutional care, medications, adaptive equipment, and travel to and from doctor and therapist appointments.
A serious disability may also hinder an individual to earn a living. This could also impact a family’s finances. Parents might have to take a break from their work or stop working altogether to take care of disabled children. This could lead to the loss of income.
Parents who file a birth injury lawyer injury claim must keep track of all these expenses and losses to determine the amount they can be awarded. If a jury or court decides to award damages, they take into consideration the victim’s lifetime needs. The more precise the estimate of the future medical expenses and losses, the greater the award amount will be. Non-economic damages are difficult to quantify however they can be granted as well. These may include emotional suffering, distress as well as loss of quality of life, and loss of consortium.