Birth Injury Compensation

Children with birth injuries deserve every resource they need to live a satisfying life. Settlements could provide them with the financial compensation they need to get these resources.

A petition can be filed by a personal representative, guardians, parents or the next-of-kin to an injured child. If a petition is filed, a rebuttable assumption will be made that the alleged injury was a neurologic birth injury as defined in SS 38.2-5001.

Medical expenses

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

Your lawyer will examine the evidence to prove that a health care provider committed a mistake that directly led to the injuries suffered by your child. Then, he or she will calculate your child's estimated future expenses and include them in the demand for compensation. These costs are known as economic damages.

You may claim non-economic damages in addition to paying for medical expenses of your child as well as any other expenses that are associated with it. This will pay you and your family members for the pain and suffering that your child has suffered. These damages aren't as quantifiable and could include mental anguish, disfigurement and other intangibles.

Many states have enacted medical indemnity programs to pay for the future medical and rehabilitation costs for those suffering from severe birth injuries. These funds are funded by a portion collected from malpractice insurance premiums, or require doctors and hospitals to contribute. For instance, New York's Medical Indemnity Fund provides lifetime payments for children and adults with a brain injury from birth.

Pain and suffering

It's very expensive to provide your child with medical attention throughout their life following a birth trauma. The costs can mount quickly even for children with minor injuries. You deserve compensation for the suffering and pain that could be caused by these injuries.

Always consult with an attorney prior to talking to anyone from the hospital or insurance company, regardless of how serious the injuries may be. What you tell them can be used against your case, and they will try to reduce the amount of money that you receive. This is the reason it's crucial to speak with an experienced 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 and the injuries they sustained. This could involve obtaining expert testimony to support your claim. They will also get authentic statements from the lawyers of the defendants and any other parties involved.

Once your lawyer has sufficient evidence, they will send a demand pack (a document that includes all the facts) to the hospital and doctor responsible. The document details the specifics of your child's injuries and the manner in which they were caused through medical malpractice. It will also contain documents and other records to support your claims. If the doctor refuses to accept your offer then your lawyer will file a lawsuit.

Future care costs

Severe birth injury lawyers injuries can cause costly long-term care that impacts families financially. A child with cerebral palsy needs to receive lifelong treatment, which may include surgeries, home health care assistants, medication and therapy sessions and doctor's visits and prescriptions. These costs are likely to increase quickly and drastically impact the quality of life for a family.

In some instances, birth injury attorneys injury lawyers will hire an expert who will develop an "life plan" that will estimate the future needs dependent on the patient's medical history as well as age. It includes estimates of the annual cost for things such as medications and doctor visits, therapy and attendant care, future lost income, and transportation as well as home renovations.

These damages can constitute part of the settlement in a birth-injury lawsuit or jury verdict. They are designed to improve the quality of life of the victim. Certain states restrict noneconomic damages and this can apply to birth injury cases.

Many hospitals, doctors, and insurance companies refuse to admit their fault or agree to pay for a birth injury. The majority of lawyers prefer to settle instead of going to trial. A lawyer will prepare a list of demands and deliver them to the medical professionals involved with the case, along with a detailed explanation of the circumstances surrounding the injuries suffered by your child. If the doctor or the hospital refuses to comply with the terms of the agreement your lawyer will file suit.

Economic damages

Birth injuries can be costly to treat, and victims could require expensive care for years or even their whole life. In these instances, financial damages could include future and past medical costs as well as expenses related to the treatment of the victim like mobility aids. These are usually determined with the assistance of a specific witness.

Parents are also entitled to compensation for the emotional distress caused by the traumatic event and the knowledge that their child's medical error could have been avoided. Some states have laws recognizing this emotional harm and providing victims with non-economic compensation for it.

It's crucial for families to remember that while some birth injuries can cause serious and debilitating conditions children can lead valuable lives with the proper assistance. It is vital to ensure that they have the financial resources necessary to lead a productive and happy life.

A family may sue the doctor or hospital that caused their child's injury with the help of an experienced lawyer. They will analyze the case in depth and gather additional evidence to support their argument that the medical professional did not adhere to a standard of care. They will then negotiate with the defendants to see the possibility of a settlement being reached. If not, they will bring a lawsuit.