Birth Injury Compensation

If your child has a birth injury lawsuit injury resulting from negligence by a doctor or other wrongful act, it can be devastating. These injuries may require lifetime treatment and care. The family will be left with huge financial costs.

Many birth injury cases also involve a complex debate over medical malpractice versus medical errors. Our lawyers can help you understand the differences.

Costs of Treatment

Insurance companies, attorneys, and judges take into account the severity of the birth injury as well as the impact it affects the child's quality of life when determining the amount compensation to be paid. If a child requires extensive medical treatment that continues throughout the course of time the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families cover these costs. Lawyers often collaborate with experts to put together a "Life Care Plan," which calculates the life-time costs of a child's injury. These costs include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical records from your child's birth and pregnancy as well as firsthand stories from family members. These records will be used to prove that your child was injured due to medical malpractice, and to show the extent to which the injury occurred.

Many states have medical indemnity fund that provides financial aid to families with children who have suffered birth injuries. These funds pay a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to an investment fund. These programs can offer families financial support and help reduce the need to file a lawsuit. JLARC staff however found that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children with disorders such as hypoxic ischephalopathy or cerebral palsy will require medical attention throughout their lives. This includes physical therapies, specialized equipment, and home health care. The costs for these can be substantial.

A life-care plan is a document that specifies the future medical education, home-based, and other costs that a disabled child will incur throughout his or their life. These plans are commonly used to help calculate the amount of damages awarded in a case involving a sunnyvale birth injury lawsuit injury. They must be comprehensive and carefully drafted to satisfy the strict requirements of evidence for admission in the court.

Life-care experts can assist in the development of these documents based on the information and the opinions from a child's doctors or therapists as well as caregivers. The plans also contain an extensive description of the injury's initial diagnosis. They also explain the root cause of the disability and the long-term effects.

A medical malpractice attorney should work with a life-care planner to create the most effective strategy for their client's particular situation. The purpose of the plan is to ensure that your child receives the proper compensation to cover all of their future medical expenses and care. The money is usually placed into a trust for special needs, which is managed by an authorized administrator. Typically the amount given will be adjusted regularly to accommodate the changing needs of your child's needs.

Pain and Suffering

In a case that involves birth injuries and damages are awarded to compensate the plaintiff for future and past pain and discomfort. This includes the physical and mental discomfort caused by the injury, as and the inability to take part in activities that others could be able to do.

It is also possible to recuperate for lost income if the victim's condition limits their professional options or prevents the person from working at all. Families can also be compensated to care for an injured child.

Medical malpractice cases typically have extremely high verdicts, as juries are more likely to show compassion for victims and hold medical professionals accountable for their mistakes. Many hospitals and doctors prefer to settle rather than risk a trial that is expensive and stressful for all parties involved.

During the trial lawyers on both sides will collect evidence to justify their arguments. They will share documents through a process known as discovery, which involves deposing witnesses to get statements under the oath. In many states, Birth Injury defendants can also demand access to the records of the plaintiff.

An experienced lawyer who has handled this type of situation is needed to make a successful claim for birth injury. An experienced attorney will review your case to determine if you have a valid lawsuit and will work to achieve the highest settlement.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages. These are meant to communicate a message to prevent future negligence. The award of these damages is made when there is a high degree of malice or negligence on the part of the doctor. They are uncommon when it comes to birth injuries.

After the attorney has identified appropriate defendants, they must find and analyze evidence to back up their claims. They must establish that the injuries caused by medical professionals did't meet the standard of care. The legal team also has to show evidence of the losses that are associated with the injuries, referred to as "damages." These damages can be either economic or non-economic.

The economic losses are usually calculated by making estimates of the cost of the child's ongoing medical treatment, which includes long-term care facilities as well as other services. They could also include lost earnings if a traumatic event has caused both parents to lose their job.

The legal team will develop a demand package that they will present to the malpractice insurance providers. The document will outline the birth injury and its impact on the child and their family in order to seek compensation to cover the expenses of these loss. The lawyers will negotiate with medical providers until they reach a settlement. In this process, lawyers will share information regarding their cases with the opposing side by way of discovery, birth injury which may include taking depositions from witnesses who swear to their testimony under oath.