Birth Injury Compensation If your child is suffering from a birth injury because of the negligence of a doctor or wrongful act, it can be devastating. These injuries could require long-term treatment and care. You'll be left with massive financial burdens. Many birth injury cases have a complicated debate about medical errors versus malpractice. Our lawyers can help you understand the differences. Costs of Treatment When determining how much to give for a birth injury attorneys from insurance companies and judges look at the extent of the injury and its impact on the child's life quality. If a child requires extensive medical treatment that continues in the future the value of the claim will increase. Medical treatment for birth injuries can be expensive. Compensation awarded for a birth injury can help families cover the costs. Experts and lawyers often collaborate to develop an "Life Care Plan" that estimates the costs of a child's injuries over the course of a lifetime. These costs include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, etc. Your legal team will gather medical records from the time of your child's birth and pregnancy, as well as firsthand accounts from family members. They will use these records to prove that your child sustained an injury due to negligence on the part of a medical professional and to prove the extent of the damage caused. Many states have medical indemnity funds that provide financial aid to families with children who have suffered birth injuries. These funds can either collect part of malpractice insurance premiums or require hospitals and doctors to contribute to the resource pool. These programs can help families with financial assistance and help reduce the necessity of filing a lawsuit. JLARC staff discovered that these programs didn't always meet their goals, and could be improved. Life Care Planning Children suffering from conditions like cerebral palsy or hypoxic ischephalopathy will require medical attention for the rest of their lives. These include physical therapies, specialized equipment, and home health treatment. In many cases, these costs can be quite significant. A life-care planning document is a document which outlines the future medical, educational home, and other costs a child with disabilities will have to pay for throughout his or her lifetime. These plans are used to calculate the financial amount that is awarded in the event of birth injury. The plans must be precise and carefully written in order to meet the strict requirements of admissibility. Life-care experts can assist to develop these documents in accordance with information and formal opinions from the child's doctor or therapists as well as caregivers. The plans also contain a detailed narrative of the initial injury and diagnosis. They also explain the root cause of the disability and its long-term effects. A medical malpractice attorney must work with a life care planner to develop the most effective plan for their client's situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover all future costs and expenses. The money is typically put in a trust to cover special requirements, which is managed by an approved administrator. The amount of money that is awarded is usually adjusted annually to reflect changes in the future requirements of your child. Suffering and Pain In cases where birth injuries are involved that result in damages, the court will compensate the plaintiff for any future pain and discomfort. This includes physical and mental discomfort caused by the injury as well as an inability to participate in activities enjoyed by others. It is also possible to get compensation the loss of income if an individual's disability restricts their professional options or prevents the person from working at all. Families could also be compensated for the care and treatment of an injured child. The verdicts in medical malpractice cases are typically extremely high because juries tend to be sensitive to the patients and hold doctors accountable for their errors. Many hospitals and doctors settle rather than risk a trial that is expensive and stressful for everyone involved. During the lawsuit lawyers on both sides will collect evidence to back their arguments. They will also exchange documents during the process of discovery, which includes deposing witnesses to get their statements under an oath. The defendants could also ask to look over the medical records of the plaintiff and are legal in most states. A successful birth injury lawsuit requires an experienced lawyer in these kinds of cases. A seasoned attorney will analyze your case to determine whether you have a valid lawsuit and will work to obtain the most favorable settlement. Punitive Damages Certain medical malpractice lawsuits contain punitive damages. These are intended to convey a message and discourage any future negligent behavior. The damages can be awarded when there is a high degree of malice or negligence on the part of the doctor. However, they are not common in birth injury cases. After the attorney has identified appropriate defendants, they have to examine and gather evidence to support their assertions. They must prove that the injuries sustained by medical professionals were not at a high level of care. The legal team is also required to prove the losses associated with these injuries, also known as "damages." This information could be either economic or non-economic in nature. Economic losses are calculated by estimating ongoing treatment costs, including long-term care facilities and other services. They could also consider the loss of earnings if the accident caused one or both parents to quit their jobs. The legal team will then prepare a demand package to be presented to the malpractice carriers. The document will explain the birth injury and its impact on the child's and family in order to seek compensation to cover the expenses of these loss. The lawyers will negotiate until a settlement is reached with medical professionals. During this process, lawyers will share information regarding their cases with the opposing side by way of discovery, which may include depositions of witnesses who testify under oath.