How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries during the birth. Generally, the amount of money you get will be contingent on a few variables.

The process of bringing a lawsuit begins by your attorney submitting a complaint against the defendants. Both sides will then go through discovery, in which they will discuss evidence and other details including medical records.

Medical expenses

Medical expenses related to birth injuries can differ dramatically based on the severity of the injuries your child sustains. Broken bones, for example may require surgery and long-term therapy. Similar to that, nerve damage from manual pressure or rough handling could cause long-term pain and limitations. Your lawyer will analyze the needs of your child and estimate the cost of treatment over a lifetime to ensure you are compensated in a sufficient amount.

You must demonstrate that the healthcare professional owed you the duty of care, that they violated their duty and that their lapse caused the injury to your child. The most common way to prove this is for medical experts to analyze the case and provide an opinion based on their own experience.

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 child, the staff members and the hospital in which the birth occurred. Your legal team will write to all of them to inform them that a claim for medical malpractice has been filed. They can resolve the issue without filing an action.

Suffering and pain

A birth injury lawsuit may result in compensation for the physical and emotional harms suffered by children. The amount of damage a family receives is determined by the severity of the injury and the impact it has on the child's life.

Parents must prove that the medical professional or the facility did not behave in accordance with the standard of care to prevail in a claim. This means that a physician or hospital's actions caused injuries to patients. Medical experts are frequently consulted by both sides to help define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

Most birth injury cases are settled prior to going to trial. Trials can be risky, lengthy and expensive. Settlements allow families to receive financial compensation sooner and in a more amiable way. Settlements will ensure that the needs of the future of a child are addressed. This may include the costs of a disability van, home modifications and specialized equipment in addition to ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe award a jury could make in the case of a damascus birth injury lawyer injury. They are usually awarded to punish the wrongdoer and discourage others from engaging in similar offenses. The aim of these awards is to make the victims believe that their cases were taken seriously.

A New York City personal injuries lawo come home care, institutional treatment, medications, adaptable equipment, vimeo and transportation to and from therapist and doctor appointments.

A disability that is severe can hinder an individual to earn a living. This could also have a ripple effect on the financial situation of a family. Parents might need to quit their job or quit all work to take care of an ailing child, which can lead to lost wages.

Parents who make a claim for birth injury must keep track of all these expenses and losses to determine the amount they can be awarded. When a jury or court awards damages, it takes into account the victim's needs for the rest of their life. The more money awarded, the more accurate the estimation of future medical costs. Non-economic damages are difficult to quantify but they can be awarded as well. These can include emotional suffering, distress and loss of quality of life, and loss of consortium.