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Birth Injury Compensation If your child has a birth injury resulting from the negligence of a doctor or wrongful action, it can be devastating. These injuries may require lifetime treatment and care. You'll be left with huge financial costs. Additionally, many birth injury cases have a complex argument over medical malpractice versus medical errors. Our lawyers can assist you to understand the distinctions. Costs of Treatment Attorneys, insurance companies and judges take into account the severity of the birth injury and the impact it has on the child's development when determining the amount of compensation to be paid. If a child requires extensive medical treatment that continues over time, the value of the claim will increase. Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families pay for these expenses. Lawyers and experts often work together to create an “Life Care Plan” which calculates the cost of a child's injuries over the course of a lifetime. These include hospitalization costs, surgical intervention, specialized medical treatment prescriptions, home renovations and other equipment, and many more. Your legal team will gather medical records from your child's birth and pregnancy, as well as firsthand reports from family members. These documents will be used to prove that your child was injured due to medical malpractice, and also to prove the extent to which the injury occurred. Many states have passed medical indemnity funds to help families of children suffering from birth injuries. These funds are a source of a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to the pool of resources. In addition to providing monetary aid, these programs can also reduce the necessity for families to make a claim. JLARC staff, however, found that these programs did not always achieve their goals and need to be improved. Life Care Planning Children with conditions like hypoxic or cerebral palsy will need medical care throughout their lives. These include physical therapies and equipment that is specialized, as well as home health treatment. The costs for these can be significant. A life-care plan document is a document which outlines the future medical, educational home, and other costs a child with disabilities will be liable for throughout their life. These plans are used to calculate the economic portion awarded in a case of birth injury. They must be thorough and meticulously drafted to meet the strict requirements for evidence admissibility in the court. Life-care experts can help develop these documents using input and the formal opinions of a disabled child’s doctors, therapists, and caregivers. The plans include a comprehensive account of the injury and the diagnosis. They describe the underlying causes of the disability as well as its long-term consequences. A medical malpractice lawyer must work with a life care planner to draft the most suitable plan for their client's situation. The aim of the plan is to ensure that your child receives the proper compensation to cover all of their future medical and other expenses. The money is usually put into a trust for children with special needs, and is overseen by an approved administrator. The amount of money awarded is typically adjusted every few months to reflect changes in the future requirements of your child. Suffering and birth injury lawsuit new rochelle In cases involving birth injuries that result in damages, the court will compensate the plaintiff for any future pain and discomfort. This includes physical and mental suffering from the injury as well as an inability to participate in activities normally enjoyed by others. It is also possible to recover income if an injury restricts their career options or prevents them working at all. Families can also receive compensation to care for an injured child. The verdicts in medical malpractice cases are often very high, as juries tend to be sympathetic towards victims and hold doctors accountable for their mistakes. This is why some hospitals and doctors prefer to settle rather than risk the trial process, which is costly and stressful for the parties involved. During the litigation, lawyers for both sides will collect evidence to prove their points. They will exchange documents in the course of discovery, which entails taking testimony from witnesses under oath. In many states, defendants may also request access to the plaintiff's records. An experienced lawyer who has handled this type of case is required to file a successful claim for birth injuries. An experienced attorney will go over the facts of your case, determine if it meets the requirements for a lawsuit, and work to secure the best financial settlement that is possible. Punitive Damages Certain medical malpractice lawsuits contain punitive damages awards, intended to serve as a warning and prevent future negligence. The damages can be awarded when there is a high degree of negligence or malice on the part the doctor. They are uncommon in the case of birth injuries. After identifying the defendants, the attorney must gather and review the evidence to support the claim. They must prove that the injuries caused by medical professionals did't meet an acceptable standard of care. The legal team must also show evidence of the losses that are associated with the injuries, also known as “damages.” These damages could be economic or non-economic. Economic losses are usually calculated by estimation of the cost of a child's ongoing treatment, including long-term care facilities and other services. They could also consider loss of earnings if the injury caused one or both parents to leave their jobs. The legal team will draft an offer package that they will present to the malpractice insurance companies. This document will describe the birth injury and its effect on the child's family and as well as request compensation to pay the expenses of these losses. The lawyers will negotiate with the medical professionals until they reach a settlement. During the discovery process, lawyers will exchange information with the other party about their cases. This includes depositions of witnesses who are required to testify under oath.