Birth Injury Compensation
If your child suffers birth injury resulting from the negligence of a doctor or wrongful act, it can be devastating. These injuries can require lifelong treatment and care. You'll be faced with huge financial costs.
Many birth injuries cases involve a complex debate over medical malpractice versus medical errors. Our lawyers can help learn the distinctions.
Costs of Treatment
Attorneys, insurance companies and judges consider the severity of the birth injury lawyer injury as well as the impact it can have on the child's life when determining the amount compensation to be paid. For instance in the event that a child requires constant medical attention which will raise the value of a claim.
Medical treatment for birth injuries is often expensive. Compensation for birth injury attorney injuries could help families cover these costs. Experts and lawyers often collaborate to create a "Life Care Plan" that calculates the costs of a child's injury over the course of their lives. These expenses include hospitalization, surgery, specialized medical treatments, prescriptions, home improvements and equipment, etc.
Your legal team will collect medical records from the pregnancy and birth of your child, in addition to firsthand reports from relatives. They will use these records to demonstrate that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the harm caused.
Many states have medical indemnity funds, which provide financial aid to families with children born with birth injuries. These funds collect a portion of malpractice insurance premiums or require doctors and hospitals to contribute to the pool of resources. In addition to providing monetary assistance, these programs may reduce the need for families to file a lawsuit. JLARC staff discovered that these programs didn't always meet their objectives and could be improved.
Life Care Planning
Children suffering from conditions like cerebral palsy or hypoxic ischephalopathy will require medical attention for the rest of their lives. These needs include physical therapies and equipment that is specialized, as well as home health treatment. The majority of the time, these expenses can be substantial.
A life-care planning plan is an outline of the future medical, educational, home and other expenses that a child with disabilities is likely to be liable for throughout their life. These plans are frequently used to calculate the economic component of damages awarded in a case of birth injury. They must be comprehensive and carefully drafted to satisfy the strict requirements for evidence admission in court.
Life-care planners can assist to develop these documents in accordance with feedback and formal opinions from the child's doctor as well as therapists and other caregivers. The plans also include a detailed account of the initial injury and diagnosis. They explain the underlying causes of the impairment as well as the long-term effects.
A medical malpractice lawyer should work with a life planner to develop the most appropriate plan for their client's situation. The purpose of the plan is to ensure that your child receives adequate compensation to cover the cost of all of their future expenses and medical care. The money is usually put into a special needs trust that is managed by a reputable administrator. Typically, the amount of funds granted will be adjusted over time to reflect the changing needs of your child's requirements.
Suffering and Pain
In a case which involves birth injuries, damages are awarded to compensate the plaintiff for any future pain and discomfort. This includes physical and mental stress caused by the injury as well as an inability to participate in activities enjoyed by other people.
It is also possible to recover earnings if the injury of a victim restricts their career options or prohibits them from working all. Families can also be compensated to help care for an injured child.
Medical malpractice cases usually have very high verdicts because juries tend to show compassion for the victims and hold doctors accountable for their mistakes. Because of this, many hospitals and doctors choose to settle instead of taking on the trial process, birth injury which is expensive and stressful for the parties involved.
During the trial, lawyers for both sides will collect evidence to justify their arguments. They will exchange documents during a process called discovery, which entails the deposition of witnesses to obtain statements under swearing. The defendants may also ask to see the plaintiff's medical records as it is legal in many states.
A successful birth injury lawsuit requires an experienced lawyer in these types of cases. A knowledgeable attorney will examine your case to determine if you have a valid lawsuit and will work to get the best settlement.
Punitive Damages
Certain medical malpractice lawsuits contain punitive damages, which are intended to communicate a message and discourage any future negligent behavior. They can be awarded in instances of serious negligence or where there was intentional misconduct on the part the medical professional. However, they are rare in birth injury cases.
After identifying the defendants, the attorney needs to gather and evaluate the evidence in support of the claim. They must show that the injuries caused by the medical professionals failed to meet an acceptable standard of care. The legal team is also required to show the damages resulting from these injuries, also known as "damages." The information can be both economic and non-economic in nature.
The economic losses are usually calculated by estimation of the cost of a child's ongoing treatment, including long-term care facilities and other services. They could also include lost earnings if an injury caused both or one parent to lose their job.
The legal team will draft the demand package which they will give to malpractice insurance companies. The document will detail the birth injury, its effects on the child's and family as well as request compensation to cover the cost of these losses. The attorneys will negotiate with medical providers until a settlement is reached. During this negotiation, the lawyers will share information regarding their cases with the opposing side through discovery, which involves depositions of witnesses who take testimony under the oath.