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Birth Injury Compensation Children who suffer birth injuries should to be provided with all the resources needed to live a happy life Settlements could provide them with the financial compensation they need to get these resources A petition can be filed by the personal representative of an injured infant or his parents guardianship ad to the child or next of next of kin Upon filing such a petition a rebuttable assumption will be established that the injury claimed was a neurologic injury resulting from birth as defined in SS 3825001 Medical expenses It can be extremely upsetting to discover that a child has suffered from birth injuries due to medical negligence In addition to the emotional stress there can be an immense financial burden Parents are responsible for immediate medical care and may be required to spend a lifetime in therapy and other treatments Your lawyer will analyze the evidence to prove that an healthcare professional made an error that directly led to your childs injuries Then he or she will determine your childs future expenses and add them to the claim for compensation These costs are known as economic damages You can seek noneconomic damages in addition paying for the medical bills of your child as well as other expenses incurred in connection with it This will pay you and your loved ones for the pain and suffering that your child has endured These are usually less quantifiable and could include a loss of quality of life and mental anguish as well as disfigurement and other tangible losses Many states have instituted medical indemnity programs to pay for future medical and rehabilitation costs for those who have suffered serious birth injuries These funds take a share of malpractice insurance premiums or require hospitals and doctors to contribute to the fund For example New Yorks Medical Indemnity Fund provides lifetime payments to adults and children with a brain injury from birth Suffering and pain Its extremely costly to provide your child with medical assistance throughout their life after the trauma of birth These costs can add quickly even for children with minor injuries You are entitled to compensation for the suffering and pain that could be caused by these injuries Always consult an attorney before talking to anyone from the hospital or insurance company regardless of how serious your injuries are What you say to these individuals could be used against you in your case and they could try to reduce the amount of money you receive This is the reason its crucial to speak with a seasoned birth injury lawyer before doing anything else After consulting with an attorney he or she will create a solid case to prove your childs injuries This includes getting expert witness testimony to prove your claim birth injury attorney concord conduct depositions or signed statements from the lawyers of the defendants and any other party involved in the case Once your lawyer has enough evidence theyll mail an order package a document with all the details to the doctor and hospital responsible The document will detail the details about the injuries your child sustained and how they were caused due to medical negligence The document will also contain evidence and documents to support your claim If the doctor rejects the offer your lawyer will file a lawsuit Future care costs Birth injuries of severe severity can result in expensive longterm care that affects families financially For instance a child with cerebral palsy needs lifelong treatment that could include medical interventions such as surgeries or home health care assistants as well as therapy sessions medication as well as doctors visits and prescriptions These expenses are likely to increase quickly and significantly impact the quality of life of the family In certain situations a birth injury lawyer may hire an expert to create whats called a life care plan The document estimates future needs based upon the victims medical history and age It also includes estimates of the annual cost for things like medicines and doctor visits therapy and attendant care future lost income and transportation as well as home renovations These damages are often a large portion of a settlement or jury verdict in the case of a birth injury and theyre designed to improve the victims future quality of life However some states limit the amount of noneconomic damages and this restriction could apply to birth injury claims Many doctors hospitals and insurance companies will not agree to admit their negligence or offer to compensate for birth injuries A majority of lawyers will prefer to settle instead of going to trial An attorney will create an offer package and then send it to the medical professionals involved in the case along with a thorough explanation of the circumstances that led to the injuries your child sustained If the hospital or doctor does not accept the terms of your attorney he will file a lawsuit Economic Damages Birth injuries can be expensive to treat and victims may require expensive medical treatment for years or their entire life The economic damages in these cases may include future and previous medical expenses as well as other costs associated with the care of the victim like mobility aids These are usually estimated with help from a special expert witness Parents should also be compensated for the emotional distress theyve experienced knowing that the medical negligence of their child could have been prevented Some states have laws that recognize this emotional injury and provide noneconomic compensation to victims Families must remember that although many birth injuries can result in serious and debilitating illnesses Children are usually able to live a full life when they have the right support It is therefore vital to provide them with the financial resources they require to lead a productive and happy life A family may sue a doctor or hospital that caused their childs injury with the help of an experienced lawyer They will analyze the case in depth and gather additional evidence to support their argument that the medical professional failed to follow a high standard of care Theyll then negotiate with the defendants to see the possibility of a settlement being reached If the settlement is not reached theyll prepare to begin an action
