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7 Things You'd Never Know About Birth Injury Case
Birth Injury Compensation

It can be devastating if your child suffers a birth injury due to the negligence of a doctor. These injuries typically require lifetime treatment and care, leaving you with massive financial burdens.

Additionally, a lot of birth injury cases have a complicated argument about medical malpractice versus medical mistakes. Our attorneys can help you learn the distinctions.

Costs of Treatment

When determining how much to award for a birth injury attorneys from insurance companies and judges look at the severity of the injury and its impact on the child's quality of life. If a child needs extensive medical treatment which continues for a long time, the value of the claim will rise.

Medical treatment for birth injury is often expensive. Compensation for birth injuries could assist families with these costs. Lawyers often work with experts to develop an "Life Care Plan" which calculates the lifetime cost of a child's injuries. These costs include hospitalization, surgery, specialized medical treatments prescriptions, home improvement and equipment, etc.

Your legal team will collect medical records from your child's birth and pregnancy, as well as firsthand accounts from relatives. They will be used to show that your child suffered an injury as a result of medical negligence and to demonstrate the extent of the harm caused.

Many states have medical indemnity funds that provide financial assistance to families with children who have suffered birth injuries. These funds collect a portion of malpractice insurance premiums, or require hospitals and doctors to contribute to an investment fund. In addition to providing financial assistance, these programs may also decrease the need for families to pursue a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and need to be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic brain disease will have long-term medical needs. These requirements include physical therapy as well as specialized equipment and home health care. The costs for these can be significant.


A life-care plan is a document that specifies the future medical education, home-based, and other costs the child with disabilities will be liable for for the rest of his or their life. These plans are typically used to calculate the financial portion of the damages awarded in a birth injury lawsuit . They should be comprehensive and carefully drafted to meet the strict evidentiary requirements for legal admissibility in the court.

Life-care planners can assist to draft these documents in accordance with the input and opinions of the child's medical professionals as well as therapists and other caregivers. The plans also include an in-depth description of the initial injury and diagnosis. They also explain the root cause of the impairment as well as the long-term consequences.

A medical malpractice lawyer must work with a life planner to draft the most appropriate plan for their clients' situation. The goal of the plan is to ensure that your child is provided with adequate compensation to cover the cost of all of their future expenses and medical care. The funds are usually put into a trust for special needs, which is administered by an administrator approved by the trustee. Typically the amount granted will be adjusted over time to meet changes in your child's future requirements.

Suffering and Pain

In a case involving a birth injury there are damages awarded for the plaintiff's past as well as future pain and suffering. This includes mental and physical distress from the injury, and also an inability to participate in activities normally enjoyed by others.

It is also possible to recuperate for lost income if an individual's disability restricts their career options or prevents them from working in any way. In addition, families can be compensated if they are needed to take care of the child who is injured.

Medical malpractice cases usually have extremely high verdicts, as juries tend to show empathy for the victims and hold doctors accountable for their errors. Due to this, some hospitals and doctors prefer to settle rather than risk an appeal, which can be expensive and stressful for the parties involved.

During the lawsuit lawyers from both sides will gather evidence to justify their arguments. They will share documents in the course of discovery, which includes interviewing witnesses to obtain their statements under swearing. The defendants may also ask to see the plaintiff's medical records which is permitted in all states.

An attorney with experience in this kind of case is essential to make an effective claim for birth injury. An experienced attorney will review the facts of your case to determine if it is in line with the requirements for a lawsuit and ensure the highest settlement for your financial needs.

Punitive Damages

Some medical malpractice suits include punitive damage awards, which are meant to serve as a warning and discourage future negligence. They are granted in cases of grave negligence or when there was intentional misconduct on the part the medical professional. However, they are not common in birth injury cases.

Once the attorney has identified the appropriate defendants, they must examine and gather evidence to back up their assertions. They must establish that the injuries caused by medical professionals did't meet the standard of care. The legal team is also required to prove the financial losses resulting from these injuries, referred to as "damages." The information can be both economic and non-economic in the sense that it is not a loss.

Economic losses are typically calculated by taking into account the cost of the child's ongoing treatment, which may include long-term care facilities and other services. They can also include lost earnings if an injury resulted in both parents to lose their job.

The legal team will then create a demand form that they can present to the malpractice insurance companies. The document will outline the birth injuries, and their impact on the child as well as the family, and ask for compensation for the losses. The lawyers will negotiate with the medical professionals until an agreement is reached. In this process, attorneys will discuss their cases with the other side by way of discovery, which may include taking depositions from witnesses who swear to their testimony under an oath.

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