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Birth Injury Compensation It could be devastating for your child if they suffer a birth injury as a result of an error by a medical professional. These injuries can require lifelong treatment and care. You'll be faced with a huge financial burden. Many birth injury cases also involve a tense debate about medical errors versus malpractice. Our lawyers can assist you understand the differences. Costs of Treatment When determining how much to award for a birth injury the attorneys of insurance companies and judges take into account the severity of the injury and the impact it has on the child's quality of life. For instance, if a child requires constant medical attention it will increase the value of an insurance claim. Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers and experts frequently collaborate to develop an “Life Care Plan” which calculates the cost of a child’s injury over the course of a lifetime. These include hospitalization costs, surgical intervention, specialized medical treatment prescriptions, home improvements and other equipment, and many more. Your legal team will collect medical records from the time of pregnancy and birth of your child, as well firsthand reports from relatives. They will be used to prove that your child sustained an injury as a result of negligence in the medical field and to show the extent of the damage caused. Many states have medical indemnity funds that provide financial assistance to families with children who have suffered birth injuries. These funds are a source of a portion of malpractice insurance premiums or require doctors and hospitals to contribute to an investment fund. These programs can help families with financial assistance and decrease the need to file a lawsuit. JLARC staff discovered that these programs didn't always meet their goals and need to be improved. Life Care Planning Children with conditions like hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will need medical care throughout their lives. These needs include physical therapy, specialized equipment and home health. These costs can often be substantial. A life-care plan is a document that establishes the future medical educational, in-home, and other costs disabled children are expected to pay for the rest of his or her life. These plans are commonly used to help calculate the economic portion of damages in a case involving a birth injury. These plans should be thorough and meticulously drafted to comply with the strict requirements for admissibility. Life-care experts can assist to develop these documents using information and formal opinions from the child's doctors, therapists and caregivers. The plans also contain a detailed narrative of the injury that caused it and its diagnosis. They also explain the root cause of the disability and its long-term consequences. A medical malpractice lawyer should collaborate with a life-care planner to create the most appropriate plan for their client's situation. The goal of the plan is to ensure that your child receives the proper compensation to cover all of their future medical expenses and care. The funds are usually put into a trust for special needs, and is overseen by an authorized administrator. Typically the amount given will be adjusted regularly to meet changes in your child's future requirements. Suffering and Pain In cases where birth injuries are involved that result in damages, the court will compensate the plaintiff for future and past pain and discomfort. This includes the physical and mental discomfort caused by the injury as well as the inability of the plaintiff to take part in activities that other people can participate in. It is also possible to get compensation for income loss if the disability of a victim limits their career options or prohibits them from working in any way. Families can also be compensated to help care for an injured child. The verdicts for medical malpractice cases tend to be extremely high, since juries are often compassionate towards victims and hold doctors responsible for their errors. Because of this, many hospitals and doctors prefer to settle instead of risking the possibility of a trial, which is expensive and stressful for the parties involved. During the litigation lawyers from both sides will gather evidence to prove their points. They will exchange documents during a process called discovery, which includes the deposition of witnesses to obtain statements under oath. In most states, defendants can ask to see the plaintiff's records. A successful birth injury lawsuit requires an experienced lawyer in these types of cases. birth injury lawsuit livermore seasoned attorney will analyze the facts of your case, determine if it meets the requirements for a lawsuit, and ensure the highest settlement for your financial needs. Punitive Damages Some medical malpractice lawsuits also contain punitive damages, which are meant to send a message and discourage any future negligent behavior. The damages can be awarded when there is a significant amount of negligence or malice on the part the doctor. However, they are rare in cases of birth injuries. After identifying the defendants the attorney must gather and analyze the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not meet standards of care. The legal team must also be able to show the financial losses resulting from these injuries, known as “damages.” This information can be economic or non-economic in nature. Economic losses are figured out by making estimates of ongoing treatment costs including long-term treatment facilities and other services. They can also include the loss of earnings if an injury has caused both parents to lose their job. The legal team will prepare the demand package which they will give to malpractice insurance providers. This document will describe the birth injuries and their effect on the child as well as the family, and demand compensation for the losses. The lawyers will negotiate until a settlement has been reached with the medical practitioners. During the discovery process, attorneys will exchange information with other party about their case. This includes taking depositions of witnesses who swear to testify under oath.