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Birth Injury Compensation

If your child is suffering from a birth injury as a result of the negligence of a doctor or wrongful decision, it could be devastating. These injuries may require lifetime treatment and treatment. The family will be left with a huge financial burden.

Many birth injury cases also require a lengthy debate on medical malpractice versus medical errors. Our lawyers can assist you to understand the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges take into account the severity of the birth injury as well as the impact it has on the child's life in determining the amount of compensation to be paid. If a child needs extensive medical treatment that continues over time the value of the claim will rise.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injury can assist families in paying for these expenses. Lawyers often collaborate with experts in putting together a "Life Care Plan," which estimates the lifelong cost of a child's injuries. These costs include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from your child's birth as well as pregnancy and also firsthand reports from family members. These records will be used to show that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have established medical indemnity funds which provide financial assistance to families of children who have suffered birth injuries. These funds collect the portion of malpractice insurance premiums or require doctors and hospital to contribute to the resource pool. These programs can provide families with financial aid and reduce the necessity of filing a lawsuit. However, JLARC staff found that these programs may not always meet their aims and need to be improved.

Life Care Planning

Children with conditions such as hypoxic or cerebral palsy will need medical care for the rest of their lives. These requirements include physical therapy and equipment that is specialized, as well as home health care. In many cases, these costs can be quite significant.

A life-care plan document is one that lists the future medical, educational, home and other expenses a child with disabilities will endure throughout their lifetime. These plans are often used to help calculate the economic portion of damages awarded in a birth injury lawsuit. They should be comprehensive and meticulously drafted to meet the strict requirements of evidence for legal admissibility in court.

Experts in planning for life can assist in the preparation of these documents using their input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans also include an extensive description of the injury that caused it and its diagnosis. They also explain the root reason for the disability and its long-term consequences.

A medical malpractice lawyer must work with a life planner to create the most appropriate plan for their clients' situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover all of their future costs and expenses. The funds are usually put into a trust for special needs, which is managed by an administrator who is approved. The amount of money given is typically adjusted regularly to reflect changes in the future requirements of your child.

Pain and Suffering

In a birth injury lawsuit damages are awarded to cover a plaintiff's past and future suffering and pain. This includes the physical and mental suffering caused by the injury as well as the inability to take part in activities that other people could be able to do.

You can also recover lost earnings if the injury of a victim affects their work options or prevents them working at all. Families could also be compensated to help care for an injured child.

Medical malpractice claims often have very high verdicts because juries tend to show empathy for victims and hold doctors accountable for errors. This is why some hospitals and doctors prefer to settle rather than risk a trial, which is expensive and stressful for the parties involved.

Both sides will collect evidence to support their arguments in the course of trial. They will also exchange documents during the process of discovery, which involves deposing witnesses to obtain statements under the oath. The defendants may also ask to see the plaintiff's medical records and are legal in all states.

A successful birth injury claim requires a lawyer with experience in these types of cases. An experienced attorney will review your case to determine if you have a valid lawsuit and will work to find the most effective settlement.

Punitive Damages

Certain medical malpractice lawsuits also include punitive damage awards intended as a warning and to deter future negligence. The damages can be awarded when there is a high degree of malice or negligence on the part of the doctor. They are very rare in cases of birth injury.

After identifying the defendants, the attorney needs to gather and examine the evidence to back the claim. They must show that the injuries incurred by medical professionals were not at the standard of care. The legal team must also prove the losses that were incurred with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are typically calculated by estimating the cost of the child's ongoing medical treatment, which includes long-term care facilities as well as other services. These may also include the loss of earnings if an injury has caused both parents to lose their job.

The legal team will develop the demand package which they will present to malpractice insurance providers. This document will describe the birth injuries, and their impact on the child as well as the family, and request compensation for these losses. The lawyers will negotiate until a settlement is reached with medical professionals. During this process, the lawyers will share information regarding their cases with the other side through discovery, which includes taking depositions from witnesses who testify under an oath.