Birth Injury Compensation Children who have suffered birth injuries need to receive all the resources they need to live a happy life. Settlements will provide them with the financial compensation they need to obtain these resources. A petition may be filed by a personal representative, guardians, parents, or next-of-kin of an injured child. When a petition is filed an undisputed assumption will be made that the alleged injury was a neurologic injury resulting from birth as defined in SS 38.2-5001. Medical expenses It can be incredibly upsetting to learn that a child sustained a birth injury as a result of negligence in the medical field. In addition to the emotional stress that can result as a result of the injury, financial burdens can be substantial. Parents must pay for the immediate medical treatment, and may be required to spend their entire life on therapy and other treatments to help their child lead a healthy and happy life. Your attorney will examine the evidence to show that the healthcare provider made an error that led directly to the injuries of your child. Then, he or she will estimate your child's future expenses and include them in the claim for compensation. These costs are called economic damages. In addition to paying your child's medical bills and other expenses associated with them Additionally, you can claim noneconomic damages in order to compensate you and your family for the hurt and suffering your child has endured. These damages are less than quantifiable. They can include mental anguish, disfigurement and other intangibles. Many states have enacted medical indemnity policies to cover the future medical and rehabilitation costs for patients suffering from serious birth injuries. The 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 is extremely expensive to provide your child with medical treatment for the rest of their life after an accident at birth. Those costs can add quickly, even for children with minor injuries. You deserve compensation for the suffering and pain that may accompany these injuries. Always consult with an attorney prior to speaking to anyone from the hospital or insurance company, regardless of how serious the injury is. You might be able use the information you provide against you, and they could try to reduce your compensation. This is why it's essential to consult with an experienced birth injury lawyer prior to doing anything else. Once you've consulted with an attorney, they will work to build a strong case for your child and the injuries they sustained. This may include the testimony of an expert witness to support your claim. They also will take depositions, or sworn declarations from the defendants' lawyers and other parties involved in the case. Once your lawyer has sufficient evidence, they will send an order package (a document that contains all the facts) to the hospital and doctor responsible. This document outlines the facts of your child's injuries as well as the way they were caused through medical malpractice. It will also contain documents and records that support your claims. If the doctor declines your offer, then your lawyer will file a suit. Future care costs Birth injuries that are severe can lead to costly long-term care that impacts families financially. A child suffering from cerebral palsy will require lifelong treatment, which can include surgeries and home health care assistants, medication and therapy sessions as well as doctor's visits and prescriptions. These expenses can quickly accumulate and greatly impact a family's quality of life. In certain cases, birth injury lawyers will engage an expert to produce an "life plan" that estimates the future requirements depending on the patient's medical history and age. It also includes estimated annual cost projections for things like medications or doctor visits, therapy, attendant care, future lost income, and transportation as well as home renovations. These damages can constitute an enormous portion of settlement in a birth-injury lawsuit, or jury verdict. They are designed to improve the future quality of life of the victim. However, some states limit noneconomic damages and this limitation may apply to birth injury claims. Many doctors and hospitals, insurance companies and doctors will not admit to negligence or even pay for a birth defect. A majority of lawyers will prefer to settle instead of going to trial. A lawyer will prepare an agenda of demands and forward them to the medical professionals involved with the case and a thorough explanation of the reasons for the injuries suffered by your child. If the hospital or doctor doesn't agree with the terms of your attorney, he will start a lawsuit. Economic Damages Birth injuries can be costly to treat and the victims could require costly treatment for years or even their entire lives. Economic damages for these cases can include future and past medical expenses, as well additional costs related to the patient's care, such as mobility accommodations. These are usually estimated with the help of an expert witness. Parents also deserve compensation for the emotional distress caused by the trauma and knowing that their child's medical mistakes could have been avoided. Certain states have laws that recognize the emotional damage and offer non-economic damages for victims. Families should remember that, even though many birth injuries could lead to serious and debilitating diseases, children are often in a position to lead a healthy life with the right support. This is why it's vital that they receive the financial resources they need to give them the best chance for an enjoyable and fulfilling life. A family may sue the doctor or hospital that caused their child's injury with the assistance of a skilled lawyer. They'll take a close look at the situation and gather more evidence to make an argument that proves the medical professional failed to uphold a high standard of care. They'll then engage with the defendants to determine whether a settlement can be reached. If not, they will bring an action.