Birth Injury Compensation

Children who have suffered birth injuries need to receive all the resources needed to live a happy life. A settlement could provide them with the financial compensation they need to access these resources.

A petition may be filed by an individual representative, the parents, guardian or the next-of-kin to an injured child. Upon filing such a petition an undisputed assumption will arise that the injury alleged was a neurologic birth injury as defined by SS 38.2-5001.

Medical expenses

It can be extremely upsetting to learn that a child has suffered a birth injury due to medical negligence. In addition to the emotional trauma it can also be an immense financial burden. Parents are responsible for the urgent medical treatment, and they may have to pay for a lifetime on therapies and other treatments to ensure their child is able to have a pleasant life.

Your attorney will examine the evidence to show that the healthcare provider made an error that directly led to the injuries of your child. He or she will then estimate the future costs for your child to include in a demand for compensation. These are known as economic damages.

Apart from paying your child's medical bills as well as other expenses that arise You can also claim noneconomic damages to compensate you and your family members for the pain and suffering your child has endured. These are usually less quantifiable and could include a loss of quality of life, disfigurement, mental anguish as well as other intangible losses.

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

Suffering and pain

Giving your child the best medical treatment and medical attention following a birth injury is incredibly expensive. Costs can add up quickly, even for children with minor injuries. You are entitled to compensation for the suffering and pain that may result from these injuries.

Whatever the severity of your child's injuries may be, you should not speak to insurance or hospital representatives without consulting an attorney. You may be able to use what you say against them, and they may try to reduce the amount you receive. This is why it's important to speak with an experienced birth injury lawyer prior to doing anything else.

After consulting with an attorney, they will create a solid argument for the injuries your child sustained. This may include obtaining expert testimony to support your claim. They can also obtain authentic statements from the lawyers of the defendants and any other parties involved.

If they have enough evidence, your lawyer will submit an appeal package to the responsible doctor and hospital. This document will outline the details about the injuries your child sustained, and how they occurred due to medical malpractice. It will also contain documents and records that support your claims. If your doctor rejects your proposal, then your lawyer will file a suit.

Future care costs

Severe birth injury attorneys injury can result in costly long-term treatment, which can affect families financially. A child suffering from cerebral palsy needs to receive lifelong treatment, which could include surgeries as well as home health care assistants, therapy and medication sessions as well as doctor's appointments and prescriptions. These expenses can quickly add up and greatly impact the quality of life for a family.

In certain situations, a birth injury lawyer will engage an expert to produce 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 contains estimates of the annual cost for things like medication as well as therapy, doctor appointments, attendant care, future lost income, transportation and home improvements.

These damages are typically the largest portion of a settlement or jury verdict in a birth injury lawsuit, and they're designed to improve the victim's quality of life. Some states limit noneconomic damage, and this limitation can apply to birth injury attorneys injury cases.

Many doctors, hospitals and insurance companies will not agree to admit their negligence or agree to pay for a birth injury. A majority of lawyers will settle rather than go to trial. An attorney will create a demand package and send it to the medical professionals involved in the case with a full explanation of the circumstances underlying the injuries your child sustained. If the doctor or hospital refuses to comply with the conditions of the contract, your lawyer will file 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. The economic damages in these cases may include past and future medical expenses, as well the other costs associated with the care of the victim, such as mobility accommodations. They are typically determined with the assistance of a particular witness.

Parents also deserve compensation for the emotional stress that resulted from the trauma and knowing that their child's medical negligence could have been avoided. Certain states have laws which recognize the emotional trauma and offer non-economic damages to victims.

Families need to remember that even though many birth injuries could lead to serious and debilitating ailments, children are often in a position to lead a healthy life when they have the right support. It is therefore vital that they have the financial resources required to live a healthy and happy life.

An experienced lawyer can assist families file a birth injury lawsuit against the hospital or doctor accountable for the child's injury. They will take a thorough look at the matter and gather additional evidence to support an argument that proves the medical professional did not uphold a high standard of care. They will then negotiate with the defendants to determine whether a settlement is reached. If not, they will begin a lawsuit.