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Birth Injury Compensation It can be devastating when your child suffers birth injury due to an error by a medical professional. These injuries could require long-term treatment and care. You'll be left with huge financial costs. A lot of birth injury cases have a complicated debate about medical malpractice versus medical errors. Our lawyers can help you discern the differences. Costs of Treatment In determining the amount to award for a birth injury, insurance companies attorneys and judges consider the extent of the injury and the impact it has on the child's quality of life. If a child requires intensive medical treatment that continues throughout the course of time the value of the claim will increase. Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could aid families in covering these costs. Lawyers often collaborate with experts in putting together an “Life Care Plan,” that calculates the total expenses incurred by a child's accident. These include hospitalization including surgical interventions, specialized medical treatment prescriptions, home renovations and other equipment, and many more. Your legal team will gather medical documents from the pregnancy and birth of your child, along with firsthand reports from relatives. They will be used to demonstrate that your child suffered an injury due to medical negligence and to demonstrate the extent of the damage caused. Many states have medical indemnity fund that provides financial assistance to families with children who have suffered birth injuries. These funds can either collect some of the malpractice insurance premiums or require doctors and hospital to contribute to the resource pool. These programs can provide families with financial support and reduce the need to file a lawsuit. However, JLARC staff found that the programs don't always meet their aims and need to be improved. Life Care Planning Children with conditions such as hypoxic ischephalopathy or cerebral palsy will require medical attention for the rest of their lives. These requirements include physical therapy, special equipment, and home health. These costs can be substantial. A life-care plan is a document that establishes the future medical education, home-based, and other costs disabled children will have to pay throughout his or her life. These plans are commonly used to help calculate the amount of the damages awarded in a birth injury case. They must be thorough and carefully designed to meet the strict evidentiary requirements for the admissibility of the plan in court. Experts in planning for life can help develop these documents using information and the opinions of a disabled child’s doctors as well as therapists and caregivers. The plans also contain an extensive description of the initial injury and diagnosis. They also explain the root causes of the disability as well as its long-term effects. A medical malpractice lawyer should collaborate with a planner for life to develop the most effective plan for their client's situation. The aim of the plan is to ensure that your child receives sufficient compensation to cover all of their future expenses and health care. The funds are usually put into a trust for special needs, which is managed by an approved administrator. Typically, the amount of funds awarded will be adjusted periodically to adjust to the changing needs of your child's needs. birth injury lawsuit augusta and Suffering In a birth injury lawsuit the damages awarded are for the plaintiff's past as well as future pain and suffering. This includes physical and mental discomfort caused by the injury as well as the inability to participate in activities that others can do. It is also possible to claim the loss of income if the victim's condition limits their career options or prevents them from working at all. Additionally, families could be compensated if they are needed to take care of an injured child. Medical malpractice cases usually have very high verdicts because juries tend to show compassion for victims and hold medical professionals accountable for their errors. Due to this, many hospitals and doctors choose to settle instead of risking the trial process, which is costly and stressful for the parties involved. Both sides will gather evidence to back their arguments during the trial. They will exchange documents during a process called discovery, which includes interviewing witnesses to obtain their statements under the oath. In many states, defendants can request to view the plaintiff's records. A lawyer with experience in this type of situation is required to file a successful claim for birth injury. A seasoned attorney will analyze your case to determine whether you have a valid lawsuit and will work to achieve the highest settlement. Punitive Damages Some medical malpractice lawsuits also include punitive damages, which are meant to convey a message and discourage future reckless behavior. These damages are awarded when there is a high degree of negligence or malice on the part the doctor. They are very rare when it comes to birth injuries. After identifying the defendants the attorney must gather and review the evidence to support the claim. They must show that the injuries caused by the medical professionals failed to meet a high standard of medical care. The legal team must also provide evidence of losses associated with the injuries, also known as “damages.” These damages can be either economic or non-economic. Economic losses are figured out by estimating ongoing treatment costs, which includes long-term facilities as well as other services. They can also include loss of earnings in the event that the injury caused one or both parents to leave their jobs. The legal team will develop the demand package which they will submit to malpractice insurers. The document will detail the birth injury and its effect on the child's family and in order to seek compensation to cover the costs of these losses. The lawyers will negotiate with the medical professionals until an agreement is reached. During the discovery process, lawyers will exchange information with the other party about their case. This may include taking depositions of witnesses who take oath testimony.