Birth Injury Compensation

It could be devastating if your child suffers a birth injury due to a doctor's negligence. These injuries usually require lifelong treatment and care, leaving you with huge financial burdens.

In addition, many birth injury cases have an intricate debate over medical malpractice versus medical errors. Our lawyers can assist you discern the differences.

Costs of Treatment

Insurance companies, attorneys and judges look at the severity of the hampton birth injury law firm injury as well as the impact it can have on the child's life when determining the amount of compensation to be paid. If a child requires extensive medical treatment that lasts in the future the value of the claim will increase.

Medical treatment for birth injury can be expensive. Compensation awarded for a birth injury will help families pay for these expenses. Lawyers and experts frequently collaborate to develop a "Life Care Plan" that estimates the costs of a child's injury over the course of their lives. These include hospitalization expenses or surgical intervention, medical treatment prescriptions, home renovations and equipment, and more.

Your legal team will gather medical documents from the pregnancy and birth of your child, as well firsthand accounts from family members. These documents will be used to prove that your child was injured as a result of medical malpractice, and also to prove the extent of the injury.

Many states have medical indemnity funds which provide financial assistance to families of children with birth injuries. These funds are a source of a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to a pool of resources. In addition to providing financial assistance, these programs could also help reduce the requirement for families to pursue a lawsuit. However, JLARC staff found that the programs don't always meet their aims and could be improved.

Life Care Planning

Children with conditions such as hypoxic or cerebral palsy will require medical treatment throughout their lives. These needs include physical therapies or equipment for specialized use, as well as home health treatment. The majority of the time, these expenses can be very expensive.

A life-care plan document is one that lists the future medical, educational home, and other costs that a child who has disabilities will endure throughout their life. These plans are commonly utilized to calculate the economic portion of damages awarded in a oakley birth injury law firm injury case. They must be comprehensive and carefully designed to meet the strict requirements of evidentiary for admission in court.

Life-care planning experts can help to create these documents with input and formal opinions from the child's doctors or therapists as well as caregivers. The plans also contain a detailed narrative of the injury's initial diagnosis. They explain the underlying causes of the disability as well as its long-term effects.

A medical malpractice lawyer must collaborate with a health care planner to come up with the most suitable plan for their client's situation. The goal of the plan is to ensure your child receives enough compensation to cover all future expenses and health care. The money is usually placed into a trust for children with special needs, which is administered by an administrator approved by the trustee. Typically the amount allotted will be re-adjusted periodically to adjust to any changes in your child's requirements.

Pain and Suffering

In a birth injury case, damages are awarded for a plaintiff's past and future suffering and pain. This includes physical and mental discomfort caused by the injury and the inability to engage in activities that are enjoyed by others.

It is also possible to claim the loss of income if the disability of a victim limits their professional options or prevents them from working in any way. Families can also be compensated to care for an injured child.

Medical malpractice cases usually have extremely high verdicts, as juries tend to show empathy for the victims and hold doctors accountable for their errors. Many hospitals and doctors prefer to settle rather than risk a trial that is expensive and stressful for everyone involved.

During the course of the lawsuit attorneys from both sides will collect evidence to prove their points. They will share documents during a process called discovery, which is the process of deposing witnesses to get statements under oath. In most states, defendants can demand access to the records of the plaintiff.

A lawyer with experience in this kind of case is needed to make a successful claim for birth injuries. A seasoned attorney will analyze the circumstances of your case, determine if the case meets the specifications for a lawsuit and work to secure the best financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits contain punitive damages, which are meant to communicate a message and oakley birth injury law firm discourage future reckless behavior. They can be granted in cases of serious negligence or where there was negligence on the part of the medical professional. They are rare in cases of birth injury.

After identifying the defendants the attorney must collect and review the evidence to support the claim. They must demonstrate that the injuries incurred by medical professionals were not at an acceptable standard of care. The legal team must also provide evidence of losses associated with the injuries, which are referred to as "damages." These damages could be economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, which includes long-term facilities as well as other services. They may also include lost earnings in the event that an injury resulted in both parents to lose their job.

The legal team will develop an order package that they will submit to malpractice insurance providers. The document will explain the birth injury and the impact it has on the child and their family as well as request compensation to cover the cost of these losses. The attorneys will negotiate with medical professionals until an agreement is reached. During the discovery process, lawyers will exchange information with the other party about their case. This includes depositions of witnesses that take oath testimony.