Birth Injury Compensation

It could be devastating if your child suffers a birth injury due to an error by a medical professional. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.

A lot of birth injury cases involve a tense debate about medical errors versus malpractice. Our attorneys can explain the differences.

Costs of Treatment

In determining the amount to give for a philadelphia birth injury attorney injury, insurance companies attorneys and judges look at the extent of the injury and the impact it has on the child's quality of life. For instance when a child needs an ongoing medical procedure which will raise the value of the claim.

Medical treatment for palm bay birth injury lawsuit injuries can be costly. The compensation awarded for a birth injury can help families pay for the costs. Lawyers and experts frequently collaborate to create a "Life Care Plan" that estimates the costs of a child's injuries over the course of his or her life. These costs include hospitalization, surgeries, specialized medical treatments prescriptions, home improvement and equipment, etc.

Your legal team will collect medical documents from your child's pregnancy and birth as well as personal stories from family members. These documents will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have established medical indemnity funds that provide financial aid to families of children who have suffered birth injuries. These funds collect part of malpractice insurance premiums, or birth require doctors and hospital to contribute to the resource pool. These programs can offer families financial support and help reduce the need to file a lawsuit. However, JLARC staff found that these programs may not always meet their objectives and need to be improved.

Life Care Planning

Children suffering from conditions like hypoxic or cerebral palsy will require medical treatment for the rest of their lives. These requirements include physical therapy, specialized equipment, and home health care. The majority of the time, these costs can be quite substantial.

A life-care plan is a document that establishes the future medical, educational, in-home and other costs that the child with disabilities will be liable for throughout his or her life. These plans are typically utilized to calculate the economic portion of damages awarded in a birth injury lawsuit. They must be thorough and carefully drafted to satisfy the strict requirements for birth evidence admissibility in court.

Life-care experts can assist in the preparation of these documents using input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans contain a thorough account of the injury and the diagnosis. They also explain the root reason for the disability and its long-term consequences.

A medical malpractice lawyer should work with a life care planner to draft the most suitable plan for their clients' situation. The aim of the plan is to ensure that your child receives adequate compensation to cover all future expenses and medical care. The funds are usually put into a trust for special needs, and is overseen by an authorized administrator. The amount of money given is usually adjusted periodically to reflect changes in the future requirements of your child.

Pain and Suffering

In a case involving a birth injury damages are awarded to cover the plaintiff's past as well as future suffering and pain. This includes the physical and mental suffering caused by the injury, as well as the inability of the plaintiff to engage in activities that others could be able to do.

You can also recover lost income if an injury affects their work options or stops them from working at all. Families can also receive compensation to help care for an injured child.

Medical malpractice claims often have very high verdicts because juries tend to show empathy for the victims and hold doctors accountable for errors. Many hospitals and doctors settle rather than risk a trial that is expensive and stressful for everyone involved.

Both sides will gather evidence to support their arguments during the trial. They will exchange documents during the process known as discovery, which involves deposing witness to get statements under swearing. In most states, defendants are able to request to view the records of the plaintiff.

A lawyer with experience in this type of case is required to submit a successful claim for birth injuries. An experienced lawyer will examine the facts of your case, determine if it is in line with the requirements for a lawsuit and ensure the highest settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are meant to communicate a message to deter future negligent behavior. The award of these damages is made when there is a high level of negligence or malice on the part the doctor. They are rare when it comes to birth injuries.

After the attorney has identified the appropriate defendants, they need to examine and gather evidence to back up 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 must also be able to provide evidence of the costs associated with these injuries, also known as "damages." This information can be economic or non-economic in nature.

Economic losses are figured out by estimating ongoing treatment costs, which includes long-term facilities as well as other services. These may also include the loss of earnings if an injury caused both or one parent to lose their job.

The legal team will create a demand form to be presented to the malpractice insurers. This document will describe the birth injuries, and their impact on the child and the family, and ask for compensation for these losses. The lawyers will negotiate with medical professionals until the settlement is reached. During this process, lawyers will share information about their cases with the opposing side through discovery, which includes taking depositions from witnesses who testify under oath.