Birth Injury Compensation

If your child suffers birth injury resulting from the negligence of a doctor or wrongful decision, it could be devastating. These injuries can require ongoing treatment and care. You will be left with massive financial burdens.

In addition, many birth injury cases have a complex argument over medical malpractice versus medical mistakes. Our attorneys can explain the differences.

Costs of Treatment

Insurance companies, attorneys and judges take into account the severity of the birth injury and the impact it has on the child's development when determining the amount of compensation to be awarded. If a child needs extensive medical treatment which continues throughout the course of time the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. The compensation for a birth injury can help families cover these expenses. Lawyers often work with experts to create a "Life Care Plan," that calculates the total cost of a child's injuries. These costs include hospitalization, surgeries, specialized medical treatments and prescriptions, home improvements and equipment, etc.

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

Many states have enacted medical indemnity funds to provide financial assistance to families of children suffering from birth injuries. These funds can either collect some of the malpractice insurance premiums or require doctors and hospital to contribute to an asset pool. These programs can help families with financial assistance and reduce the need to file a suit. JLARC staff however found that these programs did not always meet their goals, and could be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy and hypoxic ischemic encephalopathy will have permanent medical requirements. These requirements include physical therapy, specialized equipment and home health care. These expenses can be substantial.

A life-care plan is a document that outlines the future medical education, in-home, and other costs disabled children are expected to pay throughout his or their life. These plans are frequently utilized to calculate the amount of the damages awarded in a birth injury lawsuit. These plans should be thorough and carefully written in order to meet the strict requirements of admissibility.

Life-care planners can assist to develop these documents using input and formal opinions from the child's doctors, therapists and caregivers. The plans include a comprehensive description of the initial injury and the diagnosis. They also explain the root cause of the disability as well as the long-term consequences.

A medical malpractice attorney should collaborate with a life-care planner to develop the most effective plan for their client's needs. The purpose of the plan is to ensure that your child receives adequate compensation to cover the cost of all of their future medical and other expenses. The money awarded is typically placed in a special needs trust, which is overseen by a licensed administrator. Typically, the amount of funds allotted will be re-adjusted periodically to adjust to changes in your child's future needs.

Suffering and Pain

In a birth injury lawsuit, damages are awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental suffering from the injury and also an inability to participate in activities enjoyed by other people.

You may also be able to recover lost income if a victim's injury restricts their career options or stops them from working at all. Families can also be compensated to care for an injured child.

The verdicts in medical malpractice cases tend to be extremely high, since juries are often compassionate towards victims and hold doctors accountable for their actions. This is why many hospitals and doctors prefer to settle instead of undergoing the possibility of a trial, which is costly and stressful for the parties involved.

During the lawsuit lawyers from both sides will gather evidence to back their arguments. They will share documents in a process known as discovery, which entails deposing witnesses to get statements under the oath. The defendants may also ask to see the plaintiff's medical records which is permitted in all states.

A successful birth injury claim requires a lawyer who has experience in these types of cases. An experienced attorney will review your case to determine whether you are entitled to a claim and will work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice suits include punitive damage awards which are meant as a warning, and also to prevent future negligence. These damages are awarded when there is a high level of negligence or malice on the part the doctor. They are rare in cases of birth injuries.

Once the attorney has identified the proper defendants, they must find and analyze evidence to back up their assertions. They must show that the injuries caused by medical professionals did not conform to the an acceptable standard of care. The legal team also has to prove the financial losses resulting from the injuries, which is known as "damages." This information could be of a financial or non-economic in nature.

Economic losses are calculated by making estimates of ongoing treatment costs which includes long-term facilities as well as other services. They can also include losses in earnings if the injury led one or both parents to quit their jobs.

The legal team will prepare a demand package that they can present to the malpractice carriers. The document will explain the birth injury attorneys injuries and the impact they have on the child and the family, and demand compensation for the loss. The lawyers will negotiate with the medical professionals until an agreement is reached. During the discovery process, attorneys will exchange information with other party on their case. This may include taking depositions of witnesses who swear to testify under oath.