Birth Injury Compensation
Children who suffer birth injuries should to receive all the resources needed to live a full and satisfying life. A settlement could provide them with the financial assistance they require to receive these resources.
A petition may be filed by the personal representative of an injured infant or his parents, guardianship ad in litem, or next of family members. Upon filing such a petition, a rebuttable assumption will be established that the injury claimed was a neurologic birth injury as defined in SS 38.2-5001.
Medical expenses
It can be extremely upsetting to discover that a child suffered from a birth injury because of medical negligence. In addition to the emotional stress that can occur as a result of the injury, financial burdens can be a significant issue. Parents are accountable for medical treatment as soon as they can and may need to spend a lifetime in therapy and other treatments.
Your attorney will go over the evidence to show that an health professional made an error that directly led to your child's injuries. Then, he or she will determine your child's future expenses and add them to the claim for compensation. These expenses are referred to as economic damages.
You may claim non-economic damages in addition paying for the medical bills 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 endured. These are usually less quantifiable, but they could include a loss in quality of life, disfigurement, mental anguish and other losses that are intangible.
Many states have passed medical indemnity plans to cover certain future medical and rehabilitative expenses for those with serious birth injuries. These funds are able to collect a percentage of malpractice insurance premiums or require doctors and hospitals to contribute to the fund. For example the New York's Medical Indemnity Fund provides lifetime payments to adults and children with a neurological birth injury.
Suffering and pain
Providing your child with life-long medical care and treatment after a birth injury is incredibly expensive. Even minor injuries can quickly grow. The pain and suffering associated with these injuries can be just as severe and you're entitled to compensation for it.
No matter how serious the injuries of your child are, you should never talk to insurance or hospital representatives without consulting an attorney. What you tell them could be used against your case, and they will try to reduce the amount of money that you receive. This is why it's vital to speak with a seasoned birth injury lawyer before doing anything else.
After consulting with an attorney, they will put together a convincing case to prove your child's injuries. This may include obtaining expert witness testimony to support your claim. They will also obtain sworn statements from the lawyers representing the defendants as well as any other parties involved.
Once your lawyer has enough evidence, they'll send an order package (a document that contains all the facts) to the hospital and doctor responsible. The document will outline the details of your child's injuries as well as how they were caused due to medical malpractice. The document will also contain records and documents that support your claim. If the doctor refuses the offer, your lawyer will file a suit.
Future care costs
Severe birth injury can lead to expensive long-term treatment, which impacts families financially. A child suffering from cerebral palsy needs to receive lifelong treatment, which may include surgeries as well as home health care assistants, therapy and medication sessions, as well as prescriptions and doctor's visits. These expenses can quickly add up and greatly impact the quality of life of the family.
In some cases, a
birth injury lawyer will employ an expert to draft what's known as a "life care plan." This document provides estimates of future requirements based on the victim's medical history and age. It will include projected annual expenses for things like medication and doctor visits, therapy, attendant care, lost income in the future transport, and home renovations.
These damages are often an important portion of a settlement or jury verdict in a birth injury lawsuit, and are designed to improve the victim's future quality of life. Certain states limit noneconomic damages and this can apply to birth injury cases.
Many doctors, hospitals and insurance companies will not agree to admit their negligence or offer to compensate for a birth injury. This is the reason that most lawyers prefer to pursue settlements instead of a trial verdict. A lawyer will write an itemized list of demands to send them to the medical professionals involved with the case along with a detailed description of the circumstances surrounding the injuries sustained by your child. If the hospital or doctor is not willing to accept the terms of the agreement, your lawyer will start a lawsuit.
Economic damages
A birth injury can be costly to treat, and the victims could require costly care for years or even their entire lives. The economic damages in these cases can include future and past medical expenses, as additional costs related to the patient's care, such as mobility accommodations. These are usually determined with the assistance of a designated witness.
Parents also deserve compensation for the emotional distress caused by the traumatic event and the knowledge that their child's medical mistakes could have been prevented. Some states have laws that recognize this emotional injury and giving victims non-economic damages for it.
Families need to remember that although many birth injuries can cause serious and debilitating ailments, children are often capable of leading a full life with the right care. It is vital to provide them with the financial resources needed to ensure a long-lasting and happy life.
An experienced lawyer can help families file a
birth injury lawsuits injury lawsuit against the hospital or doctor accountable for the child's injury. They will analyze the case in depth and gather additional evidence to support their argument that the medical professional did not follow a high standard of care. They will then negotiate with the defendants to come to a settlement. If not, then they will file a lawsuit.