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Birth Injury Compensation

If your child is suffering from a birth injury because of the negligence of a doctor or an unjust decision, it could be devastating. These injuries often require lifetime treatment and care, leaving you with massive financial burdens.

Additionally, many birth injury cases have a complex argument over medical malpractice versus medical errors. Our lawyers can help you discern the differences.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the birth injury law firms injury as well as the impact it has on the child's development when determining the amount compensation to be paid. If a child needs intensive medical treatment that continues over time, the value of the claim will rise.

The medical treatment for birth injuries is often expensive. The compensation awarded for a birth injury will help families pay for these costs. Lawyers often collaborate with experts in putting together a "Life Care Plan," which calculates the life-time expenses incurred by a child's accident. This includes hospitalization costs, surgical intervention, specialized medical treatment and prescriptions, home improvement projects and equipment, and more.

Your legal team will gather medical records from the pregnancy and birth of your child, along with personal accounts from relatives. These records will be used to show that your child suffered an injury as a result of negligence by a medical professional, and to demonstrate the extent of the damage caused.

Many states have enacted medical indemnity funds to provide financial support to families of children who suffer from birth injuries. These funds pay a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to a pool of resources. In addition to providing monetary support, these programs can reduce the need for families to bring a lawsuit. JLARC staff however found that these programs did not always meet their goals, and should 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, special equipment, and home health care. These costs can be substantial.

A life-care planning document is an outline of the future medical, education, home and other expenses children with disabilities will endure throughout their life. These plans are typically utilized to calculate the amount of the damages awarded in a birth injury lawyer injury lawsuit. They must be comprehensive and meticulously drafted to meet the strict requirements for evidence legal admissibility in the court.

Life-care planning experts can help to draft these documents using feedback and formal opinions from the child's medical professionals or therapists as well as caregivers. The plans include a comprehensive account of the injury and the diagnosis. They also explain the root causes of the disability as well as its long-term consequences.

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

Suffering and Pain

In a birth-related injury case, damages are awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental stress caused by the injury as well as the inability to engage in the activities that are normally enjoyed by others.

You may also be able to recover lost income if an injury hinders their professional options or prohibits them from working all. Additionally, families could be compensated if required to assist in the care of an injured child.

Medical malpractice cases often receive very high verdicts due to the fact that juries tend to show empathy for victims and hold medical professionals accountable for their errors. Because of this, many doctors and hospitals prefer to settle instead of risking a trial, which is costly and stressful for the parties involved.

Both sides will gather evidence to prove their arguments during the litigation. They will share documents in the process known as discovery, birth injury which involves deposing witness to get statements under swearing. In most states, defendants can request to view the records of the plaintiff.

A successful birth injury claim requires a lawyer who has experience in these kinds of cases. An experienced attorney will review the details of your case, determine if it satisfies the requirements for a lawsuit and birth injury seek out the most favorable financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages awards, which are meant as a stern warning to deter future negligence. The damages can be awarded when there is a high level of malice or negligence on the part the doctor. However, they are extremely rare in birth injury cases.

After identifying the defendants the attorney must collect and evaluate the evidence in support of the claim. They must prove that the injuries caused by medical professionals were not up to an acceptable standard of care. The legal team also has to prove the costs associated with the injuries, which is known as "damages." The information can be economic or non-economic in nature.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing care, which includes long-term care facilities and other services. They could also consider loss of earnings in the event that the injury led one or both parents to quit their jobs.

The legal team will prepare the demand package which they will give to malpractice insurers. This document will describe the birth injury and the impact it has on the child's and family as well as request compensation to cover the cost of these losses. The lawyers will negotiate with the medical providers until they reach a settlement. During this process, the attorneys will exchange information about their cases with the other side through discovery, which includes depositions of witnesses who take testimony under the oath.