watertown birth injury law firm Injury Compensation

If your child suffers birth injury as a result of the negligence of a doctor or an unjust action, it can be devastating. These injuries are often life-long treatment and treatment, which can result in huge financial burdens.

A lot of birth injury cases have a complicated debate about medical errors versus malpractice. Our attorneys can help you discern the differences.

Costs of Treatment

Attorneys, insurance companies and judges look at the severity of the birth injury and the impact it has on the child's life in determining the amount of compensation to be paid. For instance, if a child requires extensive ongoing medical treatment it will increase the value of an insurance claim.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries could help families cover these costs. Lawyers often collaborate with experts in putting together an "Life Care Plan" which estimates the lifelong costs incurred by a child's injury. These include hospitalization and surgical procedures, as well as specialized medical treatment and prescriptions, home improvement projects and equipment, and much more.

Your legal team will gather medical records from the pregnancy as well as the birth of your child, in addition to firsthand accounts from relatives. These will be used to prove 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 enacted medical indemnity funds to provide financial assistance to families of children suffering from birth injuries. These funds collect part of malpractice insurance premiums, or require hospitals and doctors to contribute to the resource pool. These programs can help families with financial assistance and decrease the need to file a suit. JLARC staff however, discovered that these programs did not always meet their objectives and need to be improved.

Life Care Planning

Children with conditions like hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will require medical attention for the rest of their lives. These requirements include physical therapy, special equipment, and home health care. These costs can often be significant.

A life-care planning document one that lists the future medical, educational home, and other expenditures children with disabilities will incur throughout his or her life. These plans are used to calculate the economic portion awarded in a case of birth injury. The plans must be precise and carefully written in order to meet the strict requirements of admissibility.

Life-care planning experts can assist to draft these documents in accordance with feedback and formal opinions from the child's doctors, therapists and caregivers. The plans include a comprehensive description of the initial injury and its diagnosis. They also explain the root cause of the disability and its long-term effects.

A medical malpractice lawyer must collaborate with a life-care planner to develop the most appropriate plan for their client's situation. The plan's purpose is to ensure your child receives adequate compensation to cover all of their future cosessage and discourage future reckless behavior. The damages can be awarded when there is a substantial amount of negligence or malice on the part the doctor. They are not common in cases of birth injuries.

After identifying the defendants, the attorney must gather and review the evidence to support the claim. They must show that the injuries caused by medical professionals were not up to a high standard of medical care. The legal team must also be able to provide evidence of the losses associated with these injuries, referred to as "damages." This information can be economic or non-economic in nature.

Economic losses are calculated by the estimation of ongoing treatment costs, including long-term facilities and other services. They can also include losses in earnings if the injury has caused one or both parents to quit their jobs.

The legal team will create the demand package which they will give to malpractice insurance companies. The document will outline the birth injury and its effect on the child and family and request compensation to cover the costs associated with these losses. The lawyers will negotiate with medical providers until a settlement is reached. During this negotiation, the attorneys will exchange information about their cases with the other side by way of discovery, which may include depositions of witnesses who testify under the oath.