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How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injury in the course of birth. The amount you receive depends on several factors.

The process of suing starts when your attorney files a lawsuit against defendants. Both parties will then engage in discovery where they will trade evidence and documents that includes medical records.

Medical expenses

Medical costs associated with birth injuries can differ significantly based on the nature of the injuries your child sustains. Broken bones, for instance, may require surgery and long-term therapy. Similarly, nerve damage caused by manual pressure or rough handling during delivery can cause long-term pain and limitations. Your lawyer will assess the needs of your child and estimate the costs of treatment over a lifetime to ensure you get the right amount of compensation.

You will need to prove that a healthcare professional was bound by the duty to you, that they did not fulfill that duty, and that this breach caused the injuries of your child. It is often required to have medical experts review the case and provide their opinion based on past experiences.

Depending on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth occurred. Your legal team will write letters to each of these parties informing them that a medical malpractice claim has been filed and they will be given an opportunity to settle the matter prior filing an action.

Suffering and pain

A birth injury lawsuit could result in the payment of compensation for physical and emotional injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injury and the impact on the child's life.

Parents must show that the medical professional or facility did not act in accordance with the standard of care in order to win a claim. This means that a doctor or hospital's actions or inactions led to an injury to a patient. Medical experts are often engaged on both sides to determine the standard. Specialists, such as doctors of obstetrics, are held accountable to higher standards.

The majority of birth injury cases settle rather than going to trial. Trials can be costly, risky and time-consuming. Settlements enable families to receive financial compensation faster and in a more amiable way. Settlements ensure that the future needs of a child are met. This could include the cost of a disability van or home modifications, as well as specialized equipment as well as regular medical treatment for ailments like cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards a jury may make in cases involving birth injuries. They are often given to punish the perpetrator and discourage others from committing similar offenses. The purpose of these awards is to convince victims that their case was considered seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including non-economic damages. They may also make a claim for punitive damages, when they are appropriate. Punitive damages can be granted based on the defendant's actions or a determination of moral immorality. They typically are four times the amount of other damages awarded.

A lawyer can help win you a significant sum to pay for your child's medical expenses and other financial losses. birth injury lawyer can also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation that a victim may receive. Virginia is one example. It restricts damages to the cost of healthcare up to the tenth birthday celebration of a victim. Other states restrict damages for pain and suffering as well as other types.

Damages for non-economic damages

In many cases, a child's injuries will cause ongoing care. This includes medical treatment and therapies, along with other costs. This could include the possibility of losing future wages if the injury interferes with the child's capacity to work and earn a living. This is known as loss consortium.

Your lawyer will assist you to calculate the full cost of your child's injuries as well as non-economic damage. They will work with experts to create a case that demonstrates how severely your child was harmed and the impact on their life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They can also demand access to your child's medical records. These are essential to your case. It is crucial to obtain them immediately if you suspect a birth injury as they are often lost or lost. Or, they are destroyed. Attorneys can assist you in getting these documents as quickly as is possible.

Damages for economic damages

A birth injury can cause a variety of expenses that may not be apparent immediately. These costs include medical bills already incurred, as well as the projected expenses for future therapy and in-home medical treatment, medications, adaptable equipment, as well as travel to and from therapist and doctor appointments.

Additionally, a severe disability can hinder an individual's ability to earn a living wage. This can also impact the financial health of families. Parents might have to give up their jobs or cease working altogether to care for the child with disabilities. This could result in the loss of income.


Parents who file a birth injury claim should keep track of all costs and losses in order to determine the amount they can be awarded. If a jury or court gives damages, they will take into account the victim's ongoing requirements. The more accurate the estimation of the future medical expenses and losses, the higher the amount awarded will be. Non-economic damages are harder to quantify however they can be awarded as well. These may include emotional suffering, distress, loss of quality of life, and loss of consortium.

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