erwin birth injury law firm Injury Compensation

It can be a devastating experience for your child if they suffer a birth injury due to an error by a medical professional. These injuries are often life-long treatment and treatment, which can result in immense financial burdens.

In addition, many birth injury cases involve a complicated argument about medical errors versus malpractice. Our attorneys can help you understand the differences.

Costs of Treatment

When determining how much to give for a birth injury, insurance companies attorneys and judges take into account the severity of the injury and the impact it has on the child's life quality. For instance in the event that a child requires an ongoing medical procedure it will increase the value of an claim.

The medical treatment for birth injuries is often expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers often work with experts to develop a "Life Care Plan" that calculates the total costs incurred by a child's injury. These expenses include hospitalization, surgery, medical treatments such as prescriptions, home repairs and equipment, among others.

Your legal team will gather medical documents from the pregnancy and birth of your child, as well firsthand reports from relatives. These records will be used to prove that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have medical indemnity fund that provides financial assistance to families with children who have suffered birth injuries. These funds can either collect a portion from malpractice insurance premiums or require doctors and hospital to contribute to a resource pool. These programs can help families with financial assistance and help reduce the necessity of filing a lawsuit. However, JLARC staff found that the programs don't always achieve their goals and should be improved.

Life Care Planning

Children with conditions like cerebral palsy and hypoxic ischemic encephalopathy will have permanent medical requirements. These needs include physical therapy, special equipment, and home health. The majority of the time, these expenses can be substantial.

A life-care planning document a document which outlines the future medical, educational, home and other expenses that a child with disabilities is likely to incur throughout his or her lifetime. These plans are used to calculate the economic portion awarded in a case of birth injury. They must be thorough and carefully drafted to meet the strict evidentiary requirements for legal admissibility in court.

Life-care planning experts can help to create these documents based on input and formal opinions from a disabled child's doctors as well as therapists and other caregivers. The plans include a detailed narrative about the initial injury and the diagnosis. They describe the underlying reason for the disability and its long-term effects.

A medical malpractice attorney should collaborate with a life-care planner to develop the most effective plan for their client's needs. The plan's goal is to ensure your child receives sufficient compensation to cover all of their future expenses and health care. The money awarded is typically placed into a special-needs trust managed by an approved administrator. The amount of money that is awarded is typically adjusted regularly to reflect changes in the future needs of your child.

Pain and Suffering

In a birth injury case, damages are awarded for a plaintiff's past and future suffering and pain. This includes the physical and mental suffering caused by the injury, as also the inability to take part in activities that other people can participate in.

It is also possible to recover for the loss of income when an individual's disability restricts their career options or prevents the person from working at all. In addition, families may be compensated if required to help care for the child who is injured.

Medical malpractice cases often receive very high verdicts because juries are more likely to show compassion for the victims and hold doctors accountable for errors. Many hospitals and doctors prefer to settle rather than risk an expensive trial and difficult for all parties involved.

During the trial lawyers on both sides will collect evidence to justify their arguments. They will also exchange documents during the process of discovery, which includes deposing witnesses to obtain statements under oath. In most states, defendants may also demand access to the plaintiff's records.

A successful birth injury claim requires a lawyer who has experience in these types of cases. An experienced lawyer will examine the facts of your case to determine if it is in line with the requirements for a lawsuit, and make sure you get the best financial settlement possible.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages. These are designed to send a message and deter future negligent behavior. These damages are awarded when there is a significant amount of malice or negligence on the part the doctor. However, they are extremely rare in birth injury cases.

After the attorney identifies the proper defendants, they must collect and analyze evidence to support their claims. They must demonstrate that the injuries caused by medical professionals did not meet an acceptable standard of care. The legal team must also show evidence of the losses that are associated with the injuries, vimeo which are known as "damages." These damages can be either economic or non-economic.

Economic losses are calculated by making estimates of ongoing treatment costs including long-term treatment facilities and other services. These may also include the loss of earnings if an injury caused one or both parents to lose their job.

The legal team will prepare a demand package that they can present to the malpractice lawyers. The document will explain the birth injury, its effects on the child and their family as well as request compensation to cover the costs associated with these losses. The attorneys will negotiate until a settlement has been reached with the medical providers. In this process, attorneys will discuss their cases with the opposing side through discovery, which involves taking depositions from witnesses who testify under an oath.