Birth Injury Compensation

If your child is suffering from a birth injury because of the negligence of a doctor or wrongful action, it can be devastating. These injuries are often life-long treatment and care, leaving you with huge financial burdens.

Many birth injury cases also require a lengthy debate on medical errors versus malpractice. Our attorneys can help you understand the differences.

Costs of Treatment

In determining the amount to give for a birth injury, insurance companies attorneys and judges consider the extent of the injury and its impact on the child's quality of life. For instance the child who suffers from a medical condition requires extensive ongoing medical treatment which will raise the value of an insurance claim.

Medical treatment for medina birth injury lawsuit injuries can be very expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often collaborate to develop an "Life Care Plan" that estimates the costs of a child's injury over the course of his or her life. These expenses include hospitalization, surgeries, specialized medical treatments such as prescriptions, West View Birth Injury Attorney home repairs and equipment, etc.

Your legal team will gather medical records from the pregnancy as well as the birth of your child, in addition to firsthand accounts from family members. These will be used to prove that your child suffered an injury due to negligence on the part of a medical professional and to prove the extent of the harm caused.

Many states have medical indemnity funds which provide financial assistance to families of children who suffer birth injuries. These funds pay a portion of the malpractice insurance premiums or require hospitals and doctors to contribute to a pool of resources. In addition to providing financial assistance, these programs may also decrease the necessity for families to bring a lawsuit. However, JLARC staff found that these programs do not always meet their objectives and should be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic ischemic brain disease will have permanent medical requirements. This includes physical therapies, specialized equipment, and home health care. The costs for these can be significant.

A life-care plan is a document that specifies the future medical education, in-home, and other expenses disabled children are expected to pay throughout his or their life. These plans are used to calculate the economic portion of a settlement in the case of birth injury. They should be comprehensive and carefully designed to meet the strict requirements for evidence legal admissibility in the court.

Experts in life-care planning can assist in the creation of these documents by utilizing the input and the formal opinions from a child's doctors or therapists, as well as the caregivers. The plans also contain a detailed narrative of the injury that caused it and its diagnosis. They also explain the root cause of the disability and the long-term consequences.

A medical malpractice lawyer should work with a life planner to create the most suitable plan for their client's situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover all of their future care and expenses. The money is usually placed in a special needs trust, which is overseen by a licensed administrator. The amount awarded is usually adjusted periodically to reflect the changing requirements of your child.

Suffering and Pain

In a case which involves birth injuries that result in damages, the court will compensate the plaintiff for future and past discomfort 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 can participate in.

You can also recover lost earnings if the injury of a victim limits their options professionally or prohibits them from working all. In addition, families may be compensated if they are required to assist in the care of the child who is injured.

Medical malpractice cases often receive very high verdicts because juries tend to show compassion for the victims and hold doctors accountable for their mistakes. Many hospitals and doctors settle rather than risk an expensive trial and stressful for everyone involved.

During the litigation lawyers on both sides will collect evidence to prove their points. They will exchange documents during a process called discovery, which includes deposing witnesses to obtain statements under swearing. The defendants could also ask to examine the medical records of a plaintiff, which is legal in most states.

A lawyer who is experienced in this kind of case is essential to make a successful claim for birth injuries. An experienced lawyer will examine the circumstances of your case, determine if the case meets the specifications for a lawsuit and ensure the highest settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are designed to communicate a message to discourage any future negligent behavior. The award of these damages is made when there is a high degree of negligence or malice on the part of the doctor. They are uncommon in the case of birth injuries.

After the attorney identifies the appropriate defendants, they need to examine and gather evidence to back up their assertions. They must establish that the injuries caused by medical professionals did not comply with an acceptable standard of care. The legal team must also prove the losses that were incurred with the injuries, also known as "damages." These damages can be either economic or non-economic.

Economic losses are figured out by taking into account ongoing treatment costs including long-term treatment facilities and other services. They may also include lost earnings if an injury resulted in both parents to lose their job.

The legal team will create a demand form that they can present to the malpractice insurance companies. This document will detail the birth injuries and their effects on the child as well as the family, and demand compensation for the loss. The lawyers will negotiate with medical providers until the settlement is reached. During the discovery process, attorneys will exchange information with other party about their cases. This may include taking depositions of witnesses who testify on oath.