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Birth Injury Compensation It can be a devastating experience for your child if they suffer a birth injury as a result of the negligence of a doctor. These injuries often require lifetime treatment and treatment, which can result in massive financial burdens. Many birth injuries cases involve a tense debate about medical errors versus malpractice. Our attorneys can help you discern the differences. Costs of Treatment Attorneys, insurance companies, and judges weigh the severity of the birth injury as well as the impact it has on the child's life in determining the amount compensation to be paid. If a child needs extensive medical treatment that continues over time the value of the claim will rise. Medical treatment for birth injury can be expensive. Compensation for birth injuries could assist families with these costs. Lawyers and experts often work together to develop an “Life Care Plan” which calculates the cost of a child's injury over the course of a lifetime. These include hospitalization expenses, surgical intervention, specialized medical treatment prescriptions, home renovations and equipment, and much more. Your legal team will gather medical documents from the pregnancy and birth of your child, as well firsthand accounts from relatives. They will use these records to prove that your child suffered an injury due to negligence in the medical field and to show the extent of the damage caused. Many states have medical indemnity funds that provide financial aid to families with children who have suffered birth injuries. These funds collect a portion of the malpractice insurance premiums or require doctors and hospitals to contribute to a pool of resources. In addition to providing monetary aid, these programs can also help reduce the need for families to bring a lawsuit. JLARC staff however, discovered that these programs did not always achieve their goals and could be improved. Life Care Planning Children with disorders such as hypoxic or cerebral palsy will require medical treatment throughout their lives. These requirements include physical therapy, special equipment, and home health care. The costs for these can be substantial. A life-care planning plan is an important document that outlines the future medical, education home, and other costs that a child who has disabilities will be liable for throughout their life. birth injury attorney topeka are often used to help calculate the economic portion of damages awarded in a case of birth injury. These plans must be comprehensive and meticulously drafted to comply with the strict requirements for admissibility. Life-care planning experts can help to draft these documents with input and formal opinions from the child's doctor caregivers, therapists, and doctors. The plans also contain an extensive description of the injury's initial diagnosis. They describe the underlying causes of the disability as well as its long-term consequences. A medical malpractice lawyer must work with a life planner to develop the most appropriate plan for their clients' situation. The goal of the plan is to ensure your child receives adequate compensation to cover their future expenses and medical care. The funds awarded are typically placed in a special needs trust managed by an approved administrator. The amount awarded is usually adjusted periodically to reflect the changing needs of your child. Suffering and Pain In a case which involves birth injuries and damages are awarded to compensate the plaintiff for future and past discomfort and pain. 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. You may also recover income if a victim's injury affects their work options or prevents them working at all. Additionally, families could be compensated if required to provide care for the child who is injured. The verdicts in medical malpractice cases are usually extremely high, since juries are often sensitive to the victims and hold doctors responsible for their mistakes. This is why many hospitals and doctors choose to settle instead of risking an appeal, which can be expensive and stressful for the parties involved. Both sides will gather evidence to support their arguments during the trial. They will exchange documents in the course of discovery, which involves interviewing witnesses to obtain their statements under the oath. The defendants may also request to see the plaintiff's medical records, which is legal in many states. A successful birth injury claim requires an experienced lawyer in these types of cases. An experienced attorney will go over the details of your case, determine if the case meets the specifications for a lawsuit and ensure the highest settlement for your financial needs. Punitive Damages Certain medical malpractice lawsuits include punitive damage awards which are intended to serve as a stern warning to prevent future negligence. They may be granted in cases of grave negligence or when there was intentional misconduct on the part the doctor. However, they are extremely rare in birth injury cases. After the attorney identifies the appropriate defendants, they need to gather and analyze evidence to back up their assertions. They must prove that the injuries incurred by medical professionals did not meet the standards of care required. The legal team also has to show the financial losses resulting from these injuries, also known as “damages.” The information could be either economic or non-economic in nature. Economic losses are figured out by the estimation of ongoing treatment costs, including long-term treatment facilities and other services. It is also possible to include the loss of earnings if the injury has caused one or both parents to leave their jobs. The legal team will prepare an offer package that they will submit to malpractice insurers. The document will detail the birth injury and its impact on the child's and family in order to seek compensation to cover the costs associated with these losses. The attorneys will negotiate until a settlement is reached with the medical practitioners. During the discovery process, lawyers will exchange information with the other party about their cases. This includes taking depositions of witnesses who testify on oath.