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How a Birth Injury Claim Works If medical professionals were negligent and your child suffered injuries at birth, you may be entitled to compensation. Generally speaking, the amount compensation you receive will depend on a few factors. The process of suing starts when your attorney files a complaint against defendants. Both sides will then participate in discovery, in which they will exchange evidence and information, including medical records. Medical expenses Medical expenses associated with a birth injury vary widely dependent on the severity of the injury. Broken bones, for example could require surgery as well as long-term therapy. Additionally, nerve damage caused by pressure applied manually or rough handling during birth can cause long-term pain and limitations. Your lawyer will analyze the medical needs of your child and estimate lifetime treatment costs to seek sufficient compensation to cover these. You will need to show that the healthcare professional owed you obligations, and that they breached this duty and that their lapse resulted in your child's injuries. This typically requires medical experts to review the case and offer an opinion based on their own experience. Depending on the circumstances you could be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants as well as the hospital where the birth occurred. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit. Suffering and pain A birth injury lawsuit can result in compensation for emotional and physical harms sustained by a child. The amount of damages the family is awarded depends on the severity of the injuries as well as the impact they have on a child's lives. Parents must show that the medical professional or facility did not act in accordance with the standards of care to win a claim. This means that the physician or hospital failed to act with competence or judgment in a situation where their actions or inactions caused injuries to the body. Medical experts are often consulted by both sides to determine the standard. Specialists, like obstetricians, are held to higher standards. The majority of cases involving birth injuries settle, rather than go to trial. Trials are risky, time consuming and expensive. Settlements enable families to receive financial assistance sooner and in a more friendly way. Settlements also ensure that a child's future needs are taken care of. This can include the cost of a wheelchair van as well as home modifications, special equipment and ongoing medical treatment. birth injury lawsuit lawrence In a case of birth injuries, punitive damages can be the most severe decision that a jury can make. These damages are often given to deter the perpetrator and discourage others from engaging in similar crimes. These awards are intended to convince victims that their cases were taken seriously. A New York City personal injury lawyer can help you determine the value of your claim including non-economic damages. They can also file a lawsuit for punitive damages as long as they are legal. Punitive damages are determined by the defendant's behavior and the conclusion of moral wrongdoing. They usually amount to four times the amount of other damages that are awarded. A lawyer can win you a significant sum to pay for your child's medical expenses and other financial losses. They may also file a suit for emotional trauma as well as other damages that are not financial. Some states put caps on the amount of compensation a victim can receive. Virginia for instance, is able to limit damages to the cost of treatment to the victim's tenth birthday. The other states have caps on pain and suffering as well as other damages. Damages for non-economic damages In a majority of cases, a child's injuries will cause long-term care. This includes medical treatment as well as therapies and other expenses. This can include future lost wages if an injury interferes with the child's capacity to work and earn money. This is known as loss of consortium. Your lawyer will help you determine the total cost of your child's injury which includes non-economic damages. They will work with experts to construct a case that demonstrates how badly your child was injured and the impact it had on their life. They will also use expert testimony to prove that the doctor violated their duty of care. They may also ask for access to your child's medical records. These are essential to your case. These documents are essential to obtain as soon as you can if you suspect the possibility of a birth trauma. They can be lost, misplaced, or destroyed. Your attorney can assist you to get these documents as quickly as you can. Economic damages – Damages A birth injury may cause a variety of expenses that may not be obvious at first. These include medical expenses that have already been paid, along with projected costs for future therapy and in-home medical treatment, medications, adaptable equipment, and transport to and from therapist and doctor appointments. A severe disability can also restrict the ability of an person to earn a living. It can also cause a ripple effect on the financial health of the family. A parent may have to quit their job or give up all work in order to take care of an ailing child, which can lead to a loss of wages. Parents who are filing a claim for birth injury should keep track on these expenses and losses to determine the maximum award they could receive. When a judge or jury gives damages, they will take into consideration a victim's long-term requirements. The greater the amount is, the more accurate the estimate is of future medical costs. In addition, non-economic damages can be awarded even though they are more difficult to quantify. These may include emotional distress, pain and suffering, loss of quality of life, and loss of consortium.