Notes

Five Birth Injury Settlement Lessons From The Professionals
How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries at birth, you could be entitled to compensation. Generally, the amount of money you get will be contingent on a number of factors.

The process of bringing a lawsuit begins with your attorney filing a complaint against the defendants. Both sides will engage in discovery, where they will exchange information and evidence including medical records.

Medical expenses

Medical expenses for birth injuries vary dependent on the severity of the injury. Broken bones, for example, may require surgery and long-term therapy. Similar to that nerve damage resulting from physical pressure or rough handling can result in permanent discomfort and limitations. Your lawyer will review your child's needs and estimate the costs of treatment over a lifetime to ensure that you receive enough compensation.

You must establish that the healthcare professional owed you obligations, and that they did not fulfill their obligation, and that their negligence caused the injury to your child. The most common way to prove this is for medical experts to look over the case and give an opinion based on their own experience.

Depending on the circumstances, you might be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your child, the medical assistants and the hospital which the birth occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may resolve the issue without having to file an action.

Pain and suffering

A birth injury lawsuit may result in compensation for emotional and physical injuries that a child suffers. The amount of compensation families receive is determined by the severity of the injuries and the impact they have on a child's lives.


Parents must prove that the medical professional or facility did not behave in accordance with the standard of care in order to be able to make an award. This means that the doctor or hospital acted with a lack of competence or judgment in a situation where their actions or inaction led to an injury to a patient. Medical experts are often involved by both sides to determine the standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be risky, time consuming and costly. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements ensure that future needs of a child are met. This could include the costs of a disability van or home modifications, as well as specialized equipment as well as ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that a jury could make in cases involving birth injuries. They are often awarded to penalize the wrongdoer and to deter others from doing similar offenses. These awards are designed to make the victims believe that their case was taken seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damages. They may also bring a lawsuit for punitive damages in the event that they are appropriate. Punitive damages can be granted based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages that are awarded.

A lawyer can help you get a substantial amount of money for medical expenses of your child and other financial losses. They may also file a suit for emotional trauma as well as other non-financial damages. Certain states limit the amount of compensation that the victim could receive. Virginia is one example. It limits damages to the cost of healthcare up to a victim's tenth birthday. Other states have limitations on pain and suffering as well as other types of damages.

Damages for noneconomic damages

In most cases, the injuries of a child will require ongoing care. This includes medical treatments therapies, as well as other expenses. It could also include future loss of earnings if the injury can hinder the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist in calculating the full cost of your child's injuries including non-economic damages. They will work with experts to develop an argument that shows how severely your child was harmed and the effects on their life. They will also use expert testimony to prove that the doctor violated their duty of care.

They could also request access to your child's medical records. They are essential to your case. It is crucial to request them when you suspect a birth injury since they are frequently lost or lost. Or, they are destroyed. Attorneys can assist you in getting these documents as soon as is possible.

Damages for economic damages

A birth injury could result in a number of expenses that may not be obvious at first. These include medical expenses already incurred, as well as the projected costs for future therapy and in-home medical care, medication, adaptive equipment, and transport to and from therapist and doctor appointments.

A severe disability can hinder an person to earn a living. This could also cause a ripple effect on the family's finances. A parent might have to quit their job, or even quit their job completely to take care of the child who is disabled, leading to lost wages.

Parents who file a birth injury claim should keep track of all these expenses and losses to determine their maximum possible award. When a jury or court gives damages, they take into consideration the needs of the victim for the rest of their life. The more money awarded and the more accurate the estimate is of future medical costs. Non-economic damages are also granted, even though they are harder to quantify. These include emotional distress, suffering loss of quality of life, and loss of consortium.

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