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How To Tell The Birth Injury Case That's Right For You
Birth Injury Compensation

If your child suffers a birth injury as a result of the negligence of a doctor or wrongful decision, it could be devastating. These injuries can require lifelong treatment and care. You'll be faced with massive financial burdens.

In addition, many birth injury cases have a complicated argument about medical mistakes versus malpractice. Our attorneys can help you to understand the distinctions.

Costs of Treatment

In determining the amount to award for a birth injury the attorneys of insurance companies and judges consider the degree of the injury as well as its impact on the child's life quality. For instance when a child needs constant medical attention which will raise the value of an insurance claim.


Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families cover these costs. Lawyers often work with experts in putting together an "Life Care Plan" which estimates the lifelong costs incurred by a child's injury. These expenses include hospitalization, surgery, medical treatments, prescriptions, home improvements and equipment, etc.

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

Many states have passed medical indemnity funds to provide financial support to families of children who suffer from birth injuries. These funds collect a portion from malpractice insurance premiums or require hospitals and doctors to contribute to an asset pool. These programs can offer families financial support and reduce the need to file a lawsuit. JLARC staff however, discovered that these programs didn't always achieve their goals and could be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic ischemic encephalopathy are likely to have permanent medical requirements. These requirements include physical therapy, special equipment and home health care. The costs for these can be substantial.

A life-care planning plan is an important document that outlines the future medical, education home, and other expenditures a child with disabilities will incur throughout his or her lifetime. These plans are used to calculate the financial amount that is awarded in the event of birth injury. These plans should be thorough and carefully drafted in order to meet the strict requirements of admissibility.

Experts in life-care planning may assist in the preparation of these documents using input and the formal opinions from a child's doctors or therapists as well as caregivers. birth injury attorney maine include a detailed narrative of the injury's initial diagnosis. They explain the underlying causes of the disability and their long-term consequences.

A medical malpractice lawyer must collaborate with a health care planner to draft the most suitable plan for their client's situation. The aim of the plan is to ensure that your child receives the proper compensation to cover the cost of all of their future expenses and medical care. The funds are usually put into a trust account for special needs, and is overseen by an authorized administrator. The amount awarded is typically adjusted every few months to reflect changes in the future requirements of your child.

Suffering and Pain

In cases which involves birth injuries that result in damages, the court will compensate the plaintiff for any future discomfort and pain. This includes the physical and mental discomfort caused by the injury as also the inability to take part in activities that other people could be able to do.

It is also possible to recover income if a victim's injury affects their work options or stops them from working at all. Families may also be compensated to help care for an injured child.

Medical malpractice cases often receive very high verdicts due to the fact that juries tend to show compassion for the victims and hold doctors accountable for their errors. Many hospitals and doctors opt to settle rather than risk a trial that is expensive and stressful for all parties involved.

During the litigation lawyers from both sides will gather evidence to support their arguments. They will share documents in the course of discovery, which involves interviewing witnesses to obtain their statements under swearing. In many states, defendants can also demand access to the records of the plaintiff.

A successful birth injury lawsuit requires a skilled lawyer in these kinds of cases. A knowledgeable attorney will examine your case to determine whether you have a valid lawsuit and work to achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages, which are intended to send a message and prevent future negligence. These damages are awarded when there is a high degree of negligence or malice on the part of the doctor. However, they are extremely rare in birth injury cases.

After identifying the defendants, the attorney must gather and analyze the evidence to support the claim. They must demonstrate that the injuries caused by the medical professionals failed to meet a high standard of medical care. The legal team should also prove the losses that were incurred with the injuries, referred to as "damages." These damages can be either economic or non-economic.

Economic losses are calculated by estimating ongoing treatment costs, including long-term facilities and other services. These may also include lost earnings if a traumatic event caused both or one parent to lose their job.

The legal team will prepare a demand package to present to the malpractice insurance companies. The document will outline the birth injury and its impact on the child's family and as well as request compensation to cover the cost of these loss. The lawyers will negotiate until a settlement has been reached with the medical providers. During the discovery process, attorneys will exchange information with other party about their cases. This may include taking depositions of witnesses who take oath testimony.

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