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Birth Injury Compensation
Children who are victims of birth injuries deserve to be provided with all the resources needed to live a full and satisfying life. Settlements that provide financial compensation can help them get those resources.
A petition can be filed by an individual representative, the parents, guardian or the next of-kin of an injured child. Upon the filing of such petition, a rebuttable assumption shall arise that the incident alleged to be caused by birth is a neurological injury, as defined in SS 38.2-5001.
Medical expenses
It can be incredibly upsetting to discover that a child has suffered from an injury at birth due to medical negligence. In addition to the emotional stress it can also be a significant financial burden. Parents are responsible for the urgent medical treatment, and they may have to pay for a lifetime on therapy and other treatments to help their injured child lead a comfortable life.
Your attorney will examine the evidence to prove that an healthcare professional made a mistake that led directly to your child's injuries. He or she will estimate the future costs of your child to include in a demand for compensation. These expenses are referred to as economic damages.
Apart from paying your child's medical bills as well as other associated expenses You can also claim noneconomic damages in order to compensate you and your family for the hurt and suffering your child has endured. These are usually less quantifiable and could include a loss of quality of life and mental anguish. and other tangible losses.
Many states have implemented medical indemnity schemes to cover future medical and rehabilitation costs for patients who suffer severe birth injuries. These funds take a share of malpractice insurance premiums, or require doctors and hospitals to contribute to the fund. For example New York's Medical Indemnity Fund provides lifetime payouts to children and adults with a brain injury from birth.
Suffering and pain
Providing your child with life-long medical treatment and care following the birth injury can be extremely expensive. The costs can mount up quickly, even for children with minor injuries. The pain and suffering that comes with these injuries may be a lot more severe and you're entitled to compensation for it.
You should always consult with an attorney prior to speaking to anyone from the hospital or insurance company, no matter how serious your injuries are. You could be able to use the information you provide against them, and they may try to reduce your compensation. This is why it's vital to speak with an experienced birth injury lawyer prior to doing anything else.
After consulting with an attorney, they'll develop a convincing case for your child and the injuries they sustained. This may include obtaining expert witness testimony to prove your claim. They can also obtain depositions, or sworn statements from the lawyers of the defendants and any other party involved in the case.
When your lawyer has the necessary evidence, they will submit a demand package (a document that includes all the facts) to the doctor and hospital responsible. This document will provide details about the injuries your child sustained and the way they were caused by medical negligence. It also includes documents and records to back your claims. If the doctor does not accept your offer and your lawyer files a lawsuit.
Future care costs
Birth injuries that are severe can result in expensive long-term treatment that affects families financially. A child with cerebral palsy will require lifelong treatment that could include surgeries as well as home health care assistants, medication and therapy sessions as well as doctor's visits and prescriptions. These expenses are likely to increase quickly and significantly impact the quality of life of a family.
In some cases, birth injury lawyers will employ an expert to produce an "life plan" that estimates future needs in light of the medical history of the victim and age. It also includes estimated annual cost projections for things such as medications or therapy sessions, doctor visits and attendant care, as well as future lost income, and transportation as well as home improvements.
These damages can comprise an important portion of the settlement in a birth injury lawsuit or jury verdict. They are intended to improve the future quality of life for the victim. However, some states limit the amount of non-economic damages and this restriction could apply to birth-related injury claims.
Many doctors as well as insurance companies and hospitals will not admit to negligence or even pay for birth defects. The majority of lawyers prefer to settle instead of going to trial. A lawyer will draft a package of demands and send them to medical professionals involved with the case and provide a detailed description of the circumstances surrounding the injuries suffered by your child. If the doctor or the hospital refuses to accept the conditions of the agreement, your lawyer will file suit.
Economic Damages
A birth injury is costly to treat, and the victims could require expensive care for a long time or even their entire lives. In these situations, economic damages could include future and past medical costs and the expenses associated with the care of the victim such as mobility accommodations. They are typically calculated with the help of a particular witness.
Parents are also entitled to compensation for the emotional pain they've endured, knowing that the medical negligence of their child could have been avoided. Some states have laws that recognize the emotional damage and offer non-economic damages to victims.
It's essential for families to remember that while some birth injuries can cause severe and debilitating ailments Children can live life-changing lives with the proper help. That's why it is so important that they have the financial support they require to give them the best chance to live a living a happy and prosperous life.
An experienced lawyer can help families start a lawsuit for birth injuries against the doctor or hospital responsible for their child's injuries. They will investigate the case in depth and collect additional evidence to prove their claim that the medical professional failed to uphold a standard of medical care. Then, they'll negotiate with the defendants in order to reach a settlement. If not, they'll be prepared to start an action.