How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. Generally speaking, the amount compensation you receive will depend on a variety of factors.

The process of suing starts when your lawyer files a complaint against defendants. Both sides will engage in discovery, where they will share information and evidence, including medical records.

Medical expenses

The medical costs associated with a Camden Birth Injury Law Firm injury vary widely dependent on the severity of the injury. For instance broken bones can require surgery for repair and can result in the cost of physical therapy for a long time. In the same way, nerve damage triggered by pressure applied manually or rough handling during delivery can result in permanent discomfort and even limitations. Your lawyer will evaluate the medical needs of your child and determine the estimated lifetime costs of treatment to ensure enough compensation to cover them.

You will have to prove that a healthcare professional owed obligations to you, and that they did not fulfill that duty, and that this breach caused injuries to your child. This usually requires medical experts to review the case and provide an assessment based on their knowledge.

Based on the circumstances it is possible to name a variety of healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that gave birth to your baby, the assistants, and the hospital which the birth occurred. Your legal team will send letters to each of these parties, advising them that a medical malpractice claim has been filed and that they are given the chance to settle the matter prior to filing an action.

Suffering and pain

A birth injury lawsuit can result in a settlement for physical and emotional injuries suffered by a child. The amount of damages that families receive is determined by the severity of the injury and its impact on the child's life.

To be able to claim compensation parents must show that a medical professional or facility was not acting in accordance with the standard of care. This means that the physician or hospital did not act with ability or judgement in a situation where their actions or inaction resulted in the victim to suffer a medical injury. Both sides typically employ medical experts to help determine the norm. Specialists, like obstetricians, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials are costly, risky and lengthy. Settlements offer families the financial benefits much faster and in a less threatening process. Settlements ensure that the future needs of a child are addressed. This can include the cost of a disability van and home modifications, as well as specialized equipment in addition to ongoing medical treatments for diseases like cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that a jury may make in the case of a birth injury. They are often awarded to punish the wrongdoer and deter others from committing similar offenses. The purpose of these awards is to make victims feel that injury lawyer injury, as they are frequently lost or lost. Or, they are destroyed. Your attorney can help you get these documents as quickly as you can.

Damages for economic damage

A birth injury can cause a number of costs that might not be obvious at first. These expenses can include medical bills already paid as well as projected costs for future therapy, in-home care, institutional care, medications, adaptive equipment, and travel to and from doctor and therapist appointments.

A severe disability can also limit the ability of an individual to earn a living. This could have a ripple affect on the financial situation of a family. Parents may have to quit their jobs or cease working altogether to take care of disabled children. This could result in the loss of income.

Parents who file a claim for birth injury should keep track of the expenses and losses to determine the maximum award they could receive. When a judge or jury awards damages, they take into account the victim's ongoing requirements. The higher the amount awarded and the more accurate the estimate is of future medical costs. Non-economic damages can be difficult to put a price on, but they can be awarded too. These include emotional distress, pain and suffering, loss of quality of life and loss of consortium.