How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured during the birth. In general, the amount the amount you receive will be contingent on a few factors.

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

Medical expenses

The medical costs associated with a birth injury vary widely dependent on the severity of the injury. Broken bones, for example, may require surgery and long-term therapy. Similarly, nerve damage caused by pressure from a manual or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will assess your child's needs and estimate the costs for treatment over a lifetime to ensure you are compensated in a sufficient amount.

You will need to prove that the healthcare professional was owed the duty of care, that they breached this duty and that their failure caused your child's injuries. It is often required to have medical experts review the situation and provide an opinion based on past experience.

Based on the circumstances depending on your situation, you may 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 place. Your legal team will contact each of them to inform them that a claim for medical malpractice has been filed. They may settle the matter without filing an action.

Pain and suffering

A birth injury lawsuit may result in a compensation claim for emotional and physical injuries suffered by a child. The amount of damages the family is awarded depends on the severity of the injury and the impact on the child's life.

Parents must demonstrate that the medical professional or the facility did not operate in accordance with the standard of care to win an award. This means that a physician or hospital's actions, or inactions, caused the victim to suffer a medical injury. Medical experts are often involved by both sides to help define this standard. Specialists, like Obstetricians, are held to higher standards.

The majority of mitchell birth injury Lawyer injury cases are settled instead of going to trial. Trials can be costly, time-consuming and costly. Settlements allow families to receive financial compensation sooner and in a more amicable way. Settlements ensure that future needs of a child are taken care of. This could include the costs of a disability van and home modifications, as well as specialized equipment and regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that juries could award in cases involving media birth injury attorney injuries. They are often awarded to punish the wrongdoer and to deter others from doing similar offenses. The aim of these awards is to convince victims that their case was considered seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damage. They can also pursue a lawsuit seeking punitive damages, as long as they are legal. Punitive damages can be awarded based on the defendant’s behavior or a finding of moral immorality. They typically are four times the amount of other damages that are awarded.

A lawyer can help you win a significant award for medical expenses of your child and other financial losses. They can also bring a lawsuit to recover emotional trauma and other damages that aren't financial. Some states have caps on the amount of compensation that victims can receive. Virginia is one example. It limits damages to the cost of care through the tenth birthday of a victim. The other states have caps on suffering and pain, as well as other types of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require lifetime care. This includes medical treatments as well as therapies and other expenses. It could also include future loss of wages if an injury interferes with the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will aid you in calculating the full cost of your child's injuries, including economic damages as well as. They will work with experts to develop a case to show the extent to which your child was injured and the effects on their life. They also will use expert witness testimony to prove that the doctor's breach of duty of care.

They can also request access to your child’s medical records. These are vital to your case. These documents are important to request as quickly as possible if you suspect that you have suffered a birth trauma. They can be lost, stolen or destroyed. Your attorney can assist you to get these documents as soon as you can.

Damages for economic damages

A birth injury can cause a range of costs that are not immediately obvious. These costs include medical bills that have already been paid, as well as the projected costs for future therapy and in-home medical treatment, medications, adaptive equipment, and transport to and from doctor and therapist appointments.

A severe disability can hinder an individual to earn a living. This could also impact a family's finances. Parents may be forced to quit their jobs or quit their jobs completely to care for disabled children. This could lead to the loss of income.

Parents who are filing a claim for birth injury must keep track of these costs and losses in order to determine the amount they could receive. When a court or jury gives damages, they will take into consideration a victim's long-term needs. The more precise the estimation of future medical expenses and losses, the higher the amount awarded will be. Non-economic damages are harder to put a price on however they can be granted as well. These include emotional distress, pain and suffering and loss of quality of life and loss of consortium.