7 Things You Never Knew About Birth Injury Case

Birth Injury Compensation

It could be devastating for your child if they suffer a birth injury as a result of an error by a medical professional. These injuries usually require lifelong treatment and care, leaving you with massive financial burdens.

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

Costs of Treatment

When determining how much to pay for a birth injury, insurance companies attorneys and judges take into account the degree of the injury as well as the impact it has on the child's life quality. For instance when a child needs an ongoing medical procedure, this will increase the value of the claim.

Medical treatment for birth injury lawyer injuries can be costly. Compensation for birth injuries can help families pay for these expenses. Lawyers often collaborate with experts to put together an "Life Care Plan" which calculates the life-time costs incurred by a child's injury. These include hospitalization expenses including surgical interventions, specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical records from your child's birth as well as pregnancy, as well as firsthand reports from family members. They will be used to demonstrate that your child suffered an injury due to negligence in the medical field and to show the extent of the harm caused.

Many states have medical indemnity funds which provide financial assistance to families with children who have suffered birth injuries. These funds collect a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to an investment fund. These programs can provide families with financial support and reduce the need to file a suit. However, JLARC staff found that the programs don't always achieve their goals and could be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic ischemic brain disease will have long-term medical needs. These requirements include physical therapy, firm special equipment, and home health. These expenses can be substantial.

A life-care planning document is a document which outlines the future medical, educational, home and other expenses a child with disabilities will incur throughout his or her lifetime. These plans are frequently used to calculate the economic component of the damages awarded in a case of birth injury. These plans must be comprehensive and carefully drafted in order to comply with the strict requirements for admissibility.

Experts in life-care planning can help develop these documents using input and formal opinions of a disabled child’s doctors, therapists, and caregivers. The plans contain a thorough narrative about the initial injury and the diagnosis. They provide the cause of the disability and its long-term consequences.

A medical malpractice attorney should work with a life care planner to come up with the best plan for their client's specific situation. The goal of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of their future medical and other expenses. The money is usually placed into a special-needs trust managed by an approved administrator. The amount of money that is awarded is typically adjusted regularly to reflect the changing needs of your child.

Suffering and Pain

In a birth-related injury case the damages awarded are for the plaintiff's future and past pain and suffering. This includes the physical and mental suffering caused by the injury as also the inability to participate in activities that others are able to perform.

It is also possible to recuperate for lost income if a victim's disability limits their career options or prohibits the person from working at all. Families can also be compensated if they are required to help care for the child who is injured.

The verdicts for medical malpractice cases tend to be extremely high because juries tend to be sympathetic to victims and hold doctors responsible for their errors. Because of this, some hospitals and doctors prefer to settle rather than risk an appeal, which can be expensive and stressful for all parties involved.

During the lawsuit attorneys from both sides will gather evidence to back their arguments. They will exchange documents in the process of discovery, which entails deposing witnesses to obtain statements under swearing. The defendants may also ask to see the plaintiff's medical records and are legal in many states.

An attorney with experience in this type of case is required to file an effective claim for birth injuries. An experienced attorney will review the facts of your case, determine if it is in line with the requirements for a lawsuit and ensure the highest financial settlement you can get.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages, which are intended to communicate a message and deter future negligent behavior. These damages are awarded when there is a high degree of malice or negligence on the part the doctor. They are rare in cases of birth injuries.

After the attorney identifies the appropriate defendants, they need to gather and analyze evidence to back up their claims. They must demonstrate that the injuries caused by the medical professionals did not meet a high standard of medical care. The legal team must also show evidence of the losses that are associated with the injuries, referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, including long-term treatment facilities and other services. These may also include lost earnings if an injury caused one or both parents to lose their job.

The legal team will draft an offer package that they will present to malpractice insurers. The document will explain the birth injuries and their effects on the child and the family, and ask for compensation for the losses. The attorneys will negotiate with medical providers until an agreement is reached. In this process, attorneys will exchange information about their cases with the other side through discovery, which entails depositions of witnesses who testify under the oath.