austell birth injury lawsuit Injury Compensation

If your child is suffering from a birth injury as a result of the negligence of a doctor or an unjust decision, it could be devastating. These injuries could require long-term treatment and treatment. You will be left with huge financial costs.

Additionally, many birth injury cases involve a complex debate about medical errors versus malpractice. Our lawyers can help you understand the distinctions.

Costs of Treatment

Attorneys, insurance companies and judges look at the severity of the birth injury and the impact it has on the child's life in determining the amount compensation to be awarded. If a child needs extensive medical treatment that lasts in the future the value of the claim will rise.

The medical treatment for birth injuries can be costly. Compensation awarded for a birth injury can assist families in paying for these expenses. Lawyers often collaborate with experts to develop a "Life Care Plan" which calculates the lifetime cost of a child's injuries. These include hospitalization costs and surgical procedures, as well as specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will gather medical documents from your child's birth and pregnancy as well as personal reports from family members. These records will be used to show that your child was injured as a result of medical malpractice, and to show the extent to which the injury occurred.

Many states have enacted medical indemnity funds to offer financial aid to families of children who suffer from birth injuries. These funds collect a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to the pool of resources. In addition to providing monetary aid, these programs can reduce the requirement for families to make a claim. JLARC staff discovered that these programs did not always meet their goals and should be improved.

Life Care Planning

Children who suffer from conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have permanent medical requirements. This includes physical therapies and equipment that is specialized, as well as home health treatment. These costs can be significant.

A life-care plan document is one that lists the future medical, educational, home and other expenses that a child with disabilities is likely to have to pay for throughout his or her lifetime. These plans are commonly used to calculate the economic component of the damages awarded in a birth injury case. They must be thorough and carefully drafted to meet the strict requirements for evidence admissibility in the court.

Experts in life-care planning can assist in the development of these documents based on the information and the opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans also include a detailed narrative of the injury that caused it and birth injury its diagnosis. They explain the underlying causes of the disability as well as its long-term consequences.

A medical malpractice attorney must collaborate with a planner for life to come up with the best plan for their client's specific situation. The goal of the plan is to ensure that your child receives sufficient compensation to cover their future expenses and health care. The money is typically put into a trust for children with special requirements, which is managed by an approved administrator. Typically, the amount of funds granted will be adjusted over time to meet any changes in your child's needs.

Suffering and Pain

In a birth-related injury case, damages are awarded for the plaintiff's past as well as future pain and suffering. This includes physical and mental stress caused by the injury and the inability to participate in the activities that are normally enjoyed by other people.

It is also possible to get compensation for the loss of income when the victim's condition limits their professional options or prevents them from working. Additionally, families could be compensated if they are needed to take care of an injured child.

The verdicts for medical malpractice cases are often very high, as juries are often compassionate towards patients and hold doctors accountable for their mistakes. Many doctors and hospitals opt to settle rather than risk a trial that is expensive and difficult for all parties involved.

During the trial lawyers from both sides will gather evidence to support their arguments. They will exchange documents during a process called discovery, which entails deposing witnesses to obtain their statements under oath. In most states, defendants may also request access to the records of the plaintiff.

An attorney with experience in this type of situation is essential to make a successful claim for birth injury. A seasoned attorney will analyze your case to determine whether you are entitled to a lawsuit and work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice suits also include punitive damage awards which are meant as a stern warning to deter future negligence. These damages are awarded when there is a high degree of negligence or malice on the part of the doctor. They are rare in cases of birth injury.

After the attorney has identified appropriate defendants, they need to find and analyze evidence to back up their claims. They must prove that the injuries caused by the medical professionals did not meet standards of care. The legal team also has to prove the losses associated with these injuries, known as "damages." The information can be both economic and non-economic in the sense that it is not a loss.

Economic losses are figured out by the estimation of ongoing treatment costs, including long-term facilities and other services. They could also consider losses in earnings if the injury caused one or both parents to quit their jobs.

The legal team will create a demand document for the malpractice insurance companies. The document will explain the birth injury and its impact on the child's and family in order to seek compensation to cover the cost of these losses. The lawyers will negotiate with medical professionals until a settlement is reached. During the discovery process, attorneys will exchange information with other party regarding their case. This includes depositions of witnesses who take oath testimony.