Birth Injury Compensation

Children who are victims of birth injuries deserve to receive all the resources necessary to live a happy life. Settlements could give them the financial compensation they need to access these resources.

A petition can be filed by the personal representative of an infant injured or his parents, guardian ad to the child, or next of kin. Upon the filing of such petition, a rebuttable assumption will be established that the alleged injury alleged is a birth-related neurological injury as described in SS 38.2-5001.

Medical expenses

It can be incredibly upsetting to discover that a child has suffered from birth injuries due to medical negligence. In addition to the emotional stress that can occur, financial burdens can also be substantial. Parents are responsible for medical treatment as soon as they can and could be required to spend all their lives in therapy and other treatments.

Your lawyer will analyze the evidence to prove that a healthcare provider made an error that led directly to your child's injuries. Then, he will determine your child's future expenses and include them in the demand for compensation. These are known as economic damages.

You can claim non-economic damages, in addition to paying for medical expenses of your child and any other expenses associated with it. This will compensate you and your loved ones for the pain and suffering that your child has endured. These are typically not quantifiable, but they could include a loss in quality of life or mental anguish, disfigurement as well as other intangible losses.

Many states have implemented medical indemnity schemes to cover future medical and rehabilitation costs for patients who have suffered serious birth injuries. These funds are financed through the portion of malpractice insurance premiums or require doctors and hospitals to contribute. New York's Medical Indemnity Fund, for instance, offers lifetime payments to children and adults who have suffered a neurological birth defect.

Suffering and pain

It is extremely expensive to provide your child with medical treatment for the rest of their life following an injury to their birth. The costs can mount quickly even for children with minor injuries. You deserve compensation for the suffering and pain that may be caused by these injuries.

You should always consult an attorney before speaking to anyone at the hospital or insurance company, no matter how serious your injuries are. What you tell them could be used against your case, and they could try to reduce the amount of money that you receive. This is why it's important to speak with a seasoned birth injury lawyer before doing anything else.

After you've spoken with an attorney, they will work to build a strong case for your child's injuries and for the damages they have sustained. This could involve getting expert testimony to back your claim. They will also take depositions, or sworn declarations from the lawyers of the defendants and any other parties involved in the case.

Once they have enough evidence the lawyer will present an appeal package to the responsible doctor and hospital. The document details the specifics of your child's injuries as well as how they were triggered by medical malpractice. The document will also contain evidence and documents to support your claim. If the doctor declines your request, then your lawyer will file a lawsuit.

Future care costs

A serious birth injury can cause costly long-term medical treatment, which impacts families financially. A child suffering from cerebral palsy requires lifelong treatment, which could include surgeries, home health care assistants, therapy and medication sessions and doctor's visits and prescriptions. These expenses can quickly add up and drastically impact a family's quality of life.

In certain situations, a birth injury lawyer will employ an expert to draft what's known as a "life care plan." This document provides estimates of future needs based upon the victim's medical history and age. It will include projected annual expenses for things like medication or therapy sessions, doctor visits and attendant care, lost income in the future transportation, as well as home improvements.

These damages typically constitute significant portions of a settlement or jury verdict in the case of a birth injury, and are designed to improve the victim's quality of life. However, certain states restrict damages that are not economic and this limitation may apply to birth injury lawsuits.

Many doctors or hospitals, as well as insurance companies will not admit to negligence or even pay for birth defects. A majority of lawyers will accept a settlement rather than going to trial. Lawyers will create a list of demands and send them to medical professionals involved in the case and provide a detailed explanation of the circumstances surrounding the injuries suffered by your child. If the doctor or hospital refuses to accept the terms, your lawyer will bring a lawsuit.

Economic damages

A birth injury can be costly to treat, and the victims could require expensive care for a long time or even their entire lives. In these instances, financial damages could include past and upcoming medical expenses and the expenses associated with the care of the victim such as mobility accommodations. These are usually assessed by a specialist expert witness.

Parents also deserve compensation for the emotional pain that resulted from the trauma and the knowledge that their child's medical malpractice could have been prevented. Some states have laws that recognize this emotional injury and offer non-economic damages for victims.

Families must remember that, even though many birth injuries could result in serious and debilitating ailments, children are often capable of living a full life when they have the right support. It is therefore vital that they are provided with the financial resources needed to ensure a successful and happy life.

A knowledgeable lawyer can help families file a birth injury lawsuit against the hospital or doctor responsible for their child's injury. They'll conduct a thorough investigation at the situation and gather more evidence to make an argument that proves the medical professional did not provide a top-quality care. They will then negotiate with the defendants to negotiate a settlement. If the settlement is not reached, they'll prepare to file a lawsuit.