Birth Injury Compensation
Children who suffer birth injuries should have every resource needed to live a fulfilling life. Settlements could provide them with the financial compensation they require to get these resources.
A petition may be filed by the personal representative of the infant who has been injured or his parents, guardian ad to the child, or next of relatives. Upon filing such a petition, a rebuttable assumption will be made that the alleged injury was a neurologic birth injury as defined by SS 38.2-5001.
Medical expenses
It can be extremely distressing to discover that a child has suffered a birth injury due to medical negligence. In addition to the emotional stress it can be an immense financial burden. Parents must pay for the immediate medical treatment, and may be required to spend their entire life on therapies and other treatments to help their child lead a comfortable life.
Your attorney will go over the evidence to determine if a health care provider committed a mistake that directly led to the injuries suffered by your child. He or she will estimate the future costs of your child to include in a demand for compensation. These expenses are referred as economic damages.
You may claim non-economic damages, in addition to paying for medical expenses of your child and any other expenses associated with it. This will pay you and your loved ones for the suffering and pain your child has suffered. These damages are less quantifiable and can include mental distress, disfigurement and other intangibles.
Many states have implemented medical indemnity policies to cover the future medical and rehabilitation costs for patients suffering from severe birth injuries. These funds are financed 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 neurological birth injury.
Pain and suffering
Giving your child lifelong medical treatment and care following a birth injury is incredibly expensive. Even minor injuries can increase in value. The pain and suffering associated with these injuries could be just as severe, and you deserve compensation for it.
You should always consult with an attorney prior to talking to anyone from the hospital or insurance company, regardless of how serious your injuries are. You may be able to apply what you say against you, and they might attempt to reduce your compensation. This is why it’s essential to speak with a seasoned birth injury lawyer before doing anything else.
When you speak with an attorney, he or she will develop a strong case for your child’s injuries. This may include the testimony of an expert witness to back up your claim. They will also get sworn statements from the lawyers of the defendants and any other parties involved.
Once they have enough evidence Your lawyer will submit a demand package to the hospital and doctor responsible. The document will detail the circumstances of your child’s injuries as well as the way they were caused due to medical malpractice. This document will also include evidence and documents to support your claim. If the doctor is unable to accept your offer the lawyer will file a lawsuit.
Future care costs
Severe birth injury can result in costly long-term treatment, which can affect families financially. A child suffering from cerebral palsy will require lifelong treatment, which can include surgeries and home health care assistants, therapy and medication sessions and prescriptions and doctor’s visits. These costs can quickly accumulate and can have a major impact on the lives of families.
In certain cases, a birth injury lawyer will hire an expert to prepare what’s called a “life care plan.” This document estimates future needs based on the victim’s medical history and age. It includes projected annual costs for things like medication and doctor visits, therapy, attendant care, lost income in the near future transport, and home renovations.
These damages are often a large portion of a settlement or a jury verdict in a birth injury lawsuits injury lawsuit, and are designed to improve the victim’s quality of life. Certain states limit damages that are not economic and this can apply to birth injury cases.
Many hospitals, doctors and insurance companies are reluctant to admit their negligence or agree to pay for a birth injury. This is the reason why many lawyers choose to pursue settlements instead of a trial verdict. An attorney will prepare a demand package and send it to the medical experts involved in the case with a full explanation of the circumstances surrounding your child’s injuries. If the hospital or doctor refuses to accept the terms of your attorney, he will bring a lawsuit.
Economic damages
A birth injury can be costly to treat, and patients can anticipate to require expensive care for a long time or even their entire lives. In these instances, financial damages can include future and past medical expenses and expenses related to the treatment of the victim such as mobility accommodations. They are typically calculated with the help of a special witness.
Parents are also entitled to compensation for the emotional stress they’ve endured knowing that the medical negligence of their child could have been avoided. Some states have laws recognizing the emotional damage and paying victims non-economic damages for it.
It’s crucial for families to keep in mind that while many birth injuries can lead to severe and debilitating ailments Children can live valuable lives with the proper help. This is why it’s vital that they receive the financial resources necessary to give them the best chance at a happy and successful life.
An experienced lawyer can help families file a birth injury lawsuit against the doctor or hospital responsible for their child’s injuries. They will take a thorough look at the situation and gather additional evidence to present an argument that the medical professional failed to maintain a high standard of care. They’ll then negotiate with the defendants to determine the possibility of a settlement being reached. If not, they will start an action.