Birth Injury Compensation

Children with birth injuries need every resource they need to live a fulfilling life. Financial compensation from a settlement can help them get those resources.

A petition may be filed by a personal representative, parents, guardian, or next-of-kin of an injured child. When a petition is filed, a rebuttable assumption will be established that the injury claimed was a neurologic birth injury as defined in SS 38.2-5001.

Medical expenses

It can be extremely traumatic to discover that a child has suffered from a birth injury due to medical negligence. In addition to the emotional stress it can be a significant financial burden. Parents are accountable for medical treatment as soon as they can and may have to invest an entire lifetime in therapy and other treatments.

Your lawyer will review the evidence to prove that an health professional committed an error which directly led to the injuries suffered by your child. Then, he or she will calculate your child's estimated future expenses and include them in the demand for compensation. These expenses are referred to as economic damages.

In addition to paying the medical bills of your child and other related expenses, you can also seek noneconomic damages to pay you and your family members for the pain and suffering your child has experienced. These damages are less quantifiable, and may include mental distress, disfigurement and other intangibles.

Many states have implemented medical indemnity programs to cover future medical and rehabilitation costs for those who have suffered serious birth injuries. These funds collect a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to the fund. New York's Medical Indemnity Fund, for instance, offers lifetime payments to children and adults who have suffered from a neurological birth defect.

Suffering and pain

Giving your child lifelong medical care and treatment after an injury to their birth is extremely expensive. Even minor injuries can quickly become costly. You are entitled to compensation for the pain and suffering that can accompany these injuries.

Always consult with an attorney prior to speaking to anyone at the hospital or insurance company, regardless of how serious the injuries are. What you say to them could be used against you in your case, and they may attempt to cut down on the amount of compensation you receive. This is why it's essential to speak with a seasoned birth injury lawyer prior to doing anything else.

After you consult with an attorney, they will develop a strong case to prove your child's injuries. This could involve the use of expert testimony to prove your claim. They will also request certified statements from the lawyers of the defendants and any other parties involved.

Once they have sufficient evidence, your lawyer will submit an order to the hospital and doctor responsible. The document details the specifics of your child's injuries and the way they were caused by medical negligence. This document will also include documents and records that support your claim. If the doctor doesn't accept your offer then your lawyer will file an action.

Future care costs