Birth Injury Compensation
Children who suffer birth injuries should have every resource they require to live a satisfying life. A settlement’s financial benefits can help them obtain those resources.
A petition may be filed by an individual representative, the parents, guardian or the next-of-kin to an injured child. After the filing of a petition, a rebuttable presumption will be established that the alleged injury claimed is a birth-related neurological injury as defined by SS 38.2-5001.
Medical expenses
It can be very traumatic to learn that a child suffered a birth injury as a result of medical negligence. In addition to the emotional pain it can be a significant financial burden. Parents are responsible for medical treatment as soon as they can and could be required to spend a lifetime in therapy and other treatments.
Your lawyer will scrutinize the evidence to prove that an healthcare professional made a mistake that led directly to your child’s injuries. The attorney will then determine the expected future expenses of your child to include in a demand for compensation. These costs are known as economic damages.
You can seek non-economic damages in addition paying for the medical bills of your child as well as any other expenses that are associated with it. This will compensate you and your family members for the pain and suffering that your child has suffered. These are typically not quantifiable, and they can include a loss in quality of life, disfigurement, mental anguish and other tangible losses.
Many states have passed medical indemnity programs to pay for the future medical and rehabilitation costs for patients suffering from severe birth injuries. These funds are financed through a portion of malpractice insurance premiums, or require hospitals and doctors to contribute. For example, New York’s Medical Indemnity Fund provides lifetime payouts to children and adults who suffer from a neurological birth injury.
Suffering and pain
Giving your child the best medical treatment and medical attention following birth injuries is incredibly expensive. These costs can add up quickly, even for children with minor injuries. The pain and suffering that comes with these injuries may be equally high and you are entitled to compensation for it.
Whatever the severity of your child’s injuries are, it is not advisable to speak with hospital or insurance representatives without first consulting an attorney. You might be able make your words against you, and they might try to reduce the amount you receive. This is why it’s important to consult with an experienced birth injury lawyer prior to doing anything else.
After you consult with an attorney, they will create a solid case for your child’s injuries. This may include getting expert witness testimony to support your claim. They also will take depositions, or sworn declarations from the defendants’ lawyers and any other party involved in the case.
Once they have enough evidence the lawyer will present an appeal package to the responsible doctor and hospital. The document will explain the facts about your child’s injuries, and how they occurred due to medical negligence. The document will also include documents and evidence to support your claims. If the doctor refuses to accept your offer the lawyer will file an action.
Future care costs
A serious birth injury can result in costly long-term treatment, which can affect families financially. For instance, a child diagnosed with cerebral palsy requires lifelong treatment which will likely involve medical interventions like surgeries as well as home health care aides and therapy sessions, medications along with doctor’s visits and prescriptions. These expenses can quickly mount up and significantly impact the family’s lives.
In certain cases, birth injury lawyers will employ an expert to prepare a “life plan” that will estimate the future needs according to the medical history of the victim and age. It includes projected annual costs for things like medications, doctor visits and therapy as well as attendant care, loss of income in the future, transportation, and home renovations.
These damages could constitute an important portion of the settlement in a birth-injury lawsuit, or jury verdict. They are intended to improve the future quality of life for the victim. Certain states limit damages that are not economic as well, and this may be applied to birth injury lawsuits injury cases.
Many hospitals, doctors, and insurance companies will refuse to admit that they were negligent or offer to compensate for birth injuries. A majority of lawyers will prefer to settle instead of going to trial. A lawyer will draft a package of demands and forward them to the medical professionals involved in the case and a thorough explanation of the circumstances surrounding the injuries sustained by your child. If the doctor or the hospital refuses to comply with the terms of the agreement your lawyer will file a lawsuit.
Economic Damages
Birth injuries are costly to treat and sufferers may require expensive medical treatment for years or their entire life. Economic damages in these instances could include future and past medical expenses, as well the other costs associated with the treatment of the victim including mobility assistance. They are typically determined with the assistance of a designated witness.
Parents are also entitled to compensation for the emotional distress caused by the trauma and knowing that their child’s medical error could have been prevented. Certain states have laws that recognize this emotional injury and providing victims with non-economic compensation for it.
Families should remember that, although many birth injuries can result in serious and debilitating diseases However, children are often able to live a full life with the right care. It is essential to provide them with the financial resources necessary to lead a productive and enjoyable life.
A family may sue a hospital or birth injury lawyers doctor that caused their child’s injury with the assistance of a skilled lawyer. They will examine the case in depth and gather additional evidence to support their claim that the medical professional did not adhere to a standard of care. They’ll then engage with the defendants to determine the possibility of a settlement being reached. If not, they will bring an action.