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Birth Injury Compensation

If your child suffers birth injury due to the negligence of a doctor or an unjust action, it can be devastating. These injuries often require lifetime treatment and care, leaving you with massive financial burdens.

Additionally, many birth injury attorney injuries cases require a complicated argument about medical errors versus malpractice. Our lawyers can assist you understand the differences.

Costs of Treatment

Insurance companies, attorneys and judges look at the severity of the birth injury as well as the impact it has on the child's development in determining the amount of compensation to be paid. For instance the child who suffers from a medical condition requires constant medical attention, this will increase the value of an claim.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can assist families with these costs. Lawyers often work with experts in putting together an "Life Care Plan" which estimates the lifelong cost of a child's injuries. This includes hospitalization costs including surgical interventions, specialized medical treatment prescriptions, home renovations and other equipment, and many more.

Your legal team will gather medical documents from the time of your child's birth and pregnancy and also firsthand accounts from family members. These documents will be used to prove 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 in order to provide financial support to families of children who suffer from birth injuries. These funds are a source of a portion of malpractice insurance premiums or require hospitals and doctors to contribute to the pool of resources. In addition to providing financial aid, these programs can also reduce the requirement for families to file a lawsuit. JLARC staff, however, found that these programs did not always meet their goals, and need to be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have permanent medical requirements. These requirements include physical therapy or equipment for specialized use, as well as home health care. The majority of the time, these costs can be quite substantial.

A life-care plan is a legal document that defines the future medical education, home-based, and other costs the child with disabilities will be liable for for the rest of his or their life. These plans are used to calculate the economic portion of the compensation awarded in cases of birth injury. They should be comprehensive and carefully drafted to meet the strict requirements of evidence for admissibility in the court.

Experts in life-care planning can help develop these documents using information and the opinions of a disabled child’s doctors, therapists, and caregivers. The plans include a detailed description of the initial injury and its diagnosis. They also explain the root cause of the disability and the long-term effects.

A medical malpractice lawyer should collaborate with a health care planner to draft the most suitable plan for their clients' situation. The plan's purpose is to ensure your child receives adequate compensation to cover their future expenses and care. The money is typically put into a trust for special requirements, which is managed by an authorized administrator. Typically the amount given will be adjusted regularly to accommodate any changes in your child's requirements.

Pain and Suffering

In cases involving birth injuries that result in damages, the court will compensate the plaintiff for the past and future pain and discomfort. This includes physical and mental distress from the injury, and also an inability to participate in activities enjoyed by other people.

It is also possible to recuperate for lost income if the disability of a victim limits their career options or prohibits them from working in any way. Families can also receive compensation to care for an injured child.

The verdicts in medical malpractice cases are often very high as juries are often sympathetic towards victims and hold doctors accountable for their actions. Many hospitals and doctors settle rather than risk an expensive trial and stressful for all parties involved.

During the lawsuit lawyers from both sides will collect evidence to prove their points. They will exchange documents during the process known as discovery, which includes deposing witnesses to get their statements under swearing. In most states, defendants may also ask to see the records of the plaintiff.

A lawyer with experience in this type of situation is needed to make a successful claim for birth injuries. A seasoned attorney will analyze your case to determine if you have a valid lawsuit and will help get the best settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages. These are designed to communicate a message and discourage any future negligent behavior. They can be granted in cases of serious negligence or where there was malice on the part of the medical professional. However, they are very rare in cases of birth injuries.

After identifying the defendants the attorney needs to gather and analyze the evidence to support the claim. They must demonstrate that the injuries caused by medical professionals did not conform to the standards of care. The legal team must also be able to prove the losses associated with these injuries, known as "damages." The information can be both economic and non-economic in the sense that it is not a loss.

Economic losses are usually calculated by making estimates of the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They could also include lost earnings if an injury resulted in both parents to lose their job.

The legal team will develop the demand package which they will submit to malpractice insurers. This document will detail the birth injuries, and their impact on the child as well as the family, and ask for compensation for the loss. The attorneys will negotiate with medical professionals until a settlement is reached. During this process, the lawyers will share information about their cases with the opposing side through discovery, which includes taking depositions from witnesses who are required to testify under the oath.