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Birth Injury Compensation It can be devastating if your child suffers a birth injury as a result of an error by a medical professional These injuries could require longterm treatment and care Youll be faced with massive financial burdens In addition many birth injury cases have a complex debate about medical errors versus malpractice Our attorneys can help you learn the distinctions Costs of Treatment Insurance companies attorneys and judges take into account the severity of the birth injury as well as the impact it has on the childs life in determining the amount compensation to be awarded If a child requires intensive 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 can aid families in covering these costs Lawyers and experts frequently collaborate to create a Life Care Plan which calculates the cost of a childs injury over the course of their lives These include hospitalization surgical intervention specialized medical treatment prescriptions home renovations and equipment and much more Your legal team will gather medical records from your childs birth and pregnancy as well as firsthand reports from family members They will be used to demonstrate that your child suffered an injury due to negligence by a medical professional and to demonstrate the extent of the harm caused Many states have medical indemnity fund that provides financial aid to families with children with birth injuries These funds can either collect the portion of malpractice insurance premiums or require hospitals and doctors to contribute to an asset pool In addition to providing financial assistance these programs may also reduce the requirement for families to make a claim JLARC staff however discovered that these programs didnt always meet their objectives and could be improved Life Care Planning Children who suffer from disorders like cerebral palsy and hypoxicischemic encephalopathy will face longterm medical needs These requirements include physical therapy as well as specialized equipment and home health treatment Often these costs can be quite significant A lifecare plan is a document that outlines the future medical educational inhome and other costs that disabled children are expected to pay for the rest of his or his or her life These plans are commonly used to help calculate the economic portion of damages in a case involving a birth injury They should be comprehensive and meticulously drafted to meet the strict evidentiary requirements for admissibility in court Experts in planning for life can assist in the preparation of these documents using their input and the formal opinions from a childs doctors or therapists as well as the caregivers birth injury lawsuit west valley city include a detailed narrative of the injury that caused it and its diagnosis They provide the reason for the disability and its longterm effects A medical malpractice lawyer must work with a life planner to draft the most appropriate plan for their clients situation The aim of the plan is to ensure your child receives sufficient compensation to cover all of their future expenses and medical care The money is typically put into a trust account for special needs which is administered by an authorized administrator The amount awarded is usually adjusted annually to reflect changes in the future requirements of your child Pain and Suffering In a birth injury case damages are awarded to cover a plaintiffs past and future pain and suffering This includes physical and mental distress from the injury and also an inability to engage in activities normally enjoyed by others You may also be able to recover lost income if a victims injury restricts their career options or stops them from working at all In addition families may be compensated if required to help care for an injured child Medical malpractice claims often have extremely high verdicts as juries tend to show sympathy for victims and hold medical professionals accountable for errors Many doctors and hospitals settle rather than risk an expensive trial and difficult for all parties involved During the course of the lawsuit lawyers from both sides will collect evidence to justify their arguments They will exchange documents in the process of discovery which involves deposing a witnesses to obtain their statements under an oath The defendants may also request to examine the medical records of a plaintiff which is permitted in many states An attorney with experience in this type of situation is required to file a successful claim for birth injury An experienced lawyer will examine the details of your case determine if it meets the requirements for a lawsuit and seek out the most favorable settlement for your financial needs Punitive Damages Some medical malpractice suits include punitive damage awards intended as a stern warning to deter future negligence They can be awarded in cases that involve grave negligence or when there was negligence on the part of the doctor However they are rare in cases of birth injuries After the attorney has identified appropriate defendants they must examine and gather evidence to support their assertions They must establish that the injuries sustained by medical professionals didt meet an acceptable standard of care The legal team is also required to provide evidence of the financial losses resulting from these injuries known as damages This information can be economic or noneconomic in the sense that it is not a loss Economic losses are figured out by estimating ongoing treatment costs including longterm care facilities and other services These may also include lost earnings in the event that an injury caused one or both parents to lose their job The legal team will prepare a demand letter for the malpractice lawyers The document will explain the birth injuries and their effect on the child and the family and demand compensation for these losses The attorneys will negotiate with medical providers until a settlement is reached During this process attorneys will discuss their cases with the opposing side by way of discovery which may include taking depositions from witnesses who take testimony under oath
