Suzette Beaumont asked 6 months ago
Birth Injury Compensation
Children with birth injuries deserve every resource they require to live a valuable life. A settlement’s financial benefits can help them obtain the resources they need.
A petition can be filed by the personal representative of an infant injured or his guardianship, parents, ad in litem, or the next of family members. In the event of filing such a petition, a rebuttable assumption will be established that the alleged injury is a birth-related neurological injury as defined in 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 trauma it can be a significant financial burden. Parents have to pay for immediate medical treatment, and they may have to spend a lifetime on therapies and other treatments in order to allow their child who has been injured have a pleasant life.
Your lawyer will review the evidence to determine if the healthcare provider made a mistake that led directly to the injuries of your child. He or she will determine the expected future expenses for your child to include in a demand for compensation. These costs are called economic damages.
In addition to paying your child’s medical bills and other related expenses, you can also claim noneconomic damages in order to compensate you and your family for the pain and suffering your child has endured. These damages are less quantifiable, and may include mental anguish, physical disfigurement and other intangibles.
Many states have implemented medical indemnity schemes to cover future medical and rehabilitation expenses for those who suffer severe birth injuries. These funds are financed by the amount of malpractice insurance premiums, or require doctors and hospitals to contribute. New York’s Medical Indemnity Fund, for example, provides lifetime payouts to children and adults who suffer from a neurological birth defect.
Pain and suffering
It’s extremely costly to provide your child with medical care for the rest of their life after the trauma of birth. Those costs can add up quickly even for children with minor injuries. The pain and suffering that comes with these injuries can be a lot more 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, no matter how serious your injuries are. What you say to them could be used against your case, and they could attempt to cut down on the amount of compensation you receive. This is why it’s important to consult with an experienced birth injury lawyer prior to doing anything else.
Once you’ve consulted with an attorney, they will develop a convincing case for your child and their injuries. This could include obtaining expert testimony to support your claim. They also will take depositions, or sworn statements from the lawyers of the defendants as well as any other parties involved in the case.
Once they have sufficient evidence the lawyer will present an appeal package to the responsible doctor and hospital. The document details the specifics of your child’s injuries and the way they were caused by medical negligence. It also includes documents and other records to support your claims. If the doctor is unable to accept your offer the lawyer will file a lawsuit.
Future care costs
Severe birth injury can lead to expensive long-term treatment, which impacts families financially. A child who has cerebral palsy requires lifelong treatment, which can 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 mount up and have a significant impact on the quality of life of a family.
In some cases birth injury lawyers employ an expert to create an “life plan” that estimates the future requirements according to the victim’s medical history and Birth Injury Lawsuit age. It will include projected annual expenses for things like medications or therapy sessions, doctor visits and, attendant care, lost income in the future and transportation as well as home improvements.
These damages typically constitute a large portion of a settlement or jury verdict in a birth injury lawsuit, and they’re intended to improve the victim’s quality of life. Some states limit noneconomic damage, and this limitation can apply to birth injury cases.
Many doctors and hospitals, insurance companies and doctors refuse to admit negligence or compensate for a birth defect. Most lawyers will settle rather than go to trial. A lawyer will draft a demand letter and send it to medical experts involved in the case, along with a full explanation of the circumstances surrounding your child’s injuries. If the hospital or doctor is not willing to accept the terms, your lawyer will start a lawsuit.
Economic damages
Birth injuries can be costly to treat and victims may require expensive care for years, or even their entire life. Economic damages in these instances may include future and previous medical expenses, as well additional costs related to the victim’s care including mobility assistance. They are typically determined with the assistance of a designated witness.
Parents should also be compensated for the emotional trauma they’ve experienced knowing that the medical negligence of their child could have been prevented. Certain states have laws acknowledging the emotional damage and awarding victims with non-economic damages for it.
Families should remember that, although many birth injuries can result in serious and debilitating ailments Children are usually capable of living a full life with the right care. It is crucial to provide them with the financial resources needed to live a healthy and happy life.
A knowledgeable lawyer can help a family file a birth injury lawsuit against the hospital or doctor accountable for the child’s injury. They will examine the case in depth and collect additional evidence to support their argument that the medical professional failed to adhere to a standard of care. Then, they’ll engage in negotiations with the defendants in order to reach an agreement. If the settlement is not reached, they’ll prepare to file an action.