Birth Injury Compensation
Children with birth injuries need every resource they need to live a satisfying life. A settlement’s financial benefits can help them obtain those resources.
A petition may be filed by a personal representative, the guardians, parents or the next-of-kin of an injured child. After filing a petition it is possible for a rebuttable belief to arise that the injury alleged was a birth-related neurologic injury as defined by SS 38.2-5001.
Medical expenses
It can be very upsetting to discover that a child suffered a birth injury as a result of medical negligence. In addition to the emotional stress it can also be a huge financial burden. Parents are responsible for medical treatment as soon as they can and may need to spend all their lives in therapy and other treatments.
Your lawyer will scrutinize the evidence to prove that the healthcare provider made an error that led directly to the injuries of your child. Then, he will determine your child’s estimated future expenses and include them in the demand for compensation. These expenses are referred to as economic damages.
Apart from paying your child’s medical bills as well as other related expenses Additionally, you can claim non-economic damages to compensate you and your family members for the pain and suffering your child has experienced. These damages are less than quantifiable. They can include mental anguish and disfigurement and other intangibles.
Many states have instituted medical indemnity programs to cover future medical and rehabilitation costs for patients who suffer serious birth injury lawsuits injuries. These funds are financed by a portion collected from malpractice insurance premiums or require hospitals and doctors to contribute. New York’s Medical Indemnity Fund, for example, provides lifetime payouts to children and adults who have suffered a neurologic birth defect.
Pain and suffering
It’s very expensive to provide your child with medical treatment for the rest of their life after the trauma of birth. The costs can mount quickly, even for children with minor injuries. You are entitled to compensation for the suffering and pain that could be caused by these injuries.
Regardless of how serious your child’s injuries may be, you should never talk to insurance or hospital representatives without first consulting with an attorney. What you say to these individuals could be used against you in your case, and they could attempt to cut down on the amount of money that you receive. It’s important to consult an experienced birth injury attorney before taking any other action.
When you speak with an attorney, he or she will develop a strong argument for the injuries your child sustained. This includes the gathering of expert witness testimony to back up your claim. They will also take depositions, or sworn declarations from the defendants’ lawyers and any other party involved in the case.
Once they have sufficient evidence the lawyer will present a demand package to the responsible doctor and hospital. The document will detail the details of your child’s injuries and how they were caused due to medical malpractice. This document will also include evidence and documents to support your claim. If the doctor refuses to accept your offer then your lawyer will file a lawsuit.
Future care costs
Birth injuries of severe severity can result in expensive long-term care that affects families financially. A child who has cerebral palsy will require lifelong treatment, which can include surgeries and home health care assistants, therapy and medication sessions along with doctor’s appointments and prescriptions. These expenses are likely to increase quickly and significantly impact the quality of life of a family.
In certain instances birth injury lawyers engage an expert to prepare an “life plan” that will estimate the future needs in light of the victim’s medical history and age. It includes estimates of annual costs for things like medications, doctor visits and therapy attendant care, lost income in the future transport, and home improvements.
These damages are typically significant portions of a settlement or a jury verdict in the case of a birth injury lawsuit injury, and they’re intended to improve the victim’s future quality of life. However, certain states restrict the amount of non-economic damages and this restriction could apply to birth-related injury lawsuits.
Many doctors and hospitals, insurance companies and doctors refuse to admit negligence or compensate for a birth defect. The majority of lawyers settle rather than go to trial. An attorney will prepare an offer package and then send it to medical professionals involved in the case, along with a detailed explanation of the circumstances that led to the injuries your child sustained. If the doctor or hospital refuses to accept the terms of the agreement, your lawyer will file suit.
Economic damages
Birth injuries can be expensive to treat, and victims can expect to require expensive care for a long time or even their entire lives. The economic damages in these cases can include future and past medical expenses, as in other expenses associated with the victim’s care like mobility aids. These are usually calculated with the help of an expert witness.
Parents should also be compensated for the emotional distress they’ve experienced, knowing that the medical negligence of their child could have been prevented. Some states have laws recognizing the emotional damage and paying victims non-economic damages for it.
Families should remember that, while many birth injuries can result in severe and debilitating illnesses however, children are generally capable of living a full life with the right help. It is therefore vital that they have the financial resources needed to live a healthy and happy life.
A family can make a claim against the doctor or hospital that caused their child’s injury with the assistance of a skilled lawyer. They will examine the case thoroughly and collect additional evidence to support their argument that the medical professional did not uphold a standard of medical care. Then, they’ll negotiate with the defendants in order to negotiate an agreement. If the settlement is not reached, they’ll prepare to file an action.