The Benefits of a Birth Injury Settlement

A birth injury settlement can assist in covering medical treatments which can be expensive. The amount of compensation that you receive will be contingent on the nature and severity of the birth injury your child sustained.

The most severe birth injuries, such as cerebral palsy can result in lifelong expenses for care. These costs are referred to as economic damages and aren't subjected to caps on maximum amounts in many states.

Compensation

When doctors and nurses make mistakes during childbirth that result in lasting, life-altering injuries to the injured baby and/or mother and/or father, they could be held liable under the laws governing medical malpractice. In some instances the court could give compensation for the damages, including discomfort and pain, loss of consortium and future expenses for physical therapy, medical bills and more.

A birth injury lawsuit can also seek compensation for other expenses that could have been avoided if a doctor did not commit malpractice, such as lost income or a diminished earning capacity. Parents who are forced to care for their children who are disabled often suffer significant financial losses. In addition, some birth injuries require expensive equipment or modifications to the home, which can be costly.

Lawyers begin the claims process by submitting an initial demand form to the insurance company of the doctor or hospital with a full description of the accident and all pertinent documents. The insurance company will evaluate the claim and decide whether to accept or decline it. If the company declines the offer then attorneys will bring a lawsuit.

Certain states have an indemnity fund for birth injuries that reduces the amount of medical malpractice premiums or fees charged by Obstetricians. However, these funds might not be sufficient to provide for a lifetime of healthcare. Additionally, they do not prevent plaintiffs from seeking monetary compensation from other defendants, such as the hospital where the malpractice took place.

Expert Witnesses

The medical experts involved in a lawsuit involving birth injuries owe the mother and child the obligation of adhering to the accepted standards of care. If the healthcare provider fails to meet this duty and it leads to injury, they may be held liable for malpractice. Expert witnesses are needed to prove this claim. They are typically doctors from the same or related field who can explain in plain language the standards of practice and explain how the medical professional who was liable for the malpractice violated that standard.

A birth injury lawyer with experience will know how to obtain and present expert witness testimony. They are able to anticipate and counter defenses of healthcare providers, so that the claim is presented in the most favorable light.

Your lawyer can also assist you determine the total losses, and to prove your case in court. These include both economic and non-economic damages, such as medical bills, pain and suffering, loss of enjoyment of life and loss of income.

A good birth injury attorney is also skilled in negotiating with insurers and knows the tactics they use to get victims to accept lowball settlement offers. Your attorney can help resist these pressures and help keep your case moving until the malpractice insurance companies of the medical professionals agree to settle. Your lawyer can file a suit to force them to negotiate on good faith in the event that they refuse.

Statute of Limitations

Parents may claim on behalf of their children for expenses that result from birth injuries but there are strict deadlines to file. For instance, medical malpractice claims based on injuries to the mother are generally filed within two years from the date of the negligent act or omission that gave rise to the claim. In contrast, birth injury claims based on injuries to the child are typically filed up to the time that the child reaches 10.

To prove your case, you must prove that the medical professional who treated your child was in violation of the standards in place. This could require an exhaustive review of medical records, tests, and interviews with other nurses, doctors and hospital staff who witnessed the labor and delivery.

Even if you show that a medical professional erred in their duty to meet the standards of care, it does not mean that you automatically win your claim. You also need to show that the breach of duty directly contributed to your child's injuries. This is known as causation and is a hotly disputable issue in medical malpractice cases.

Choosing an attorney that has the resources to construct your case and go through trial is essential. Your lawyer will typically cover costs for litigation and only be paid if you get compensation. This allows you to focus your focus on the healing of your child and provides financial security in the event of an extended trial.

Time Limits

Each state has a statute or time limit within which you can file a lawsuit. This restriction ensures that legal proceedings are handled in a timely manner and when evidence from the physical remains available and witnesses' accounts remain fresh. The time limit for birth injuries is typically two and a half years from the date on which negligence or malpractice occurred.

There are some exceptions to this rule for injuries suffered by infants. New York law, for example, permits a longer statute of limitations on medical malpractice claims for a child. The deadline is extended to 10 years following the date of birth for the child.

An experienced birth injury attorney will know the specifics of the statute of limitations in each state. They will also know about any particular issues relevant to a child's birth injury case. For instance, a lot of birth injury lawyers injury cases result in significant economic damages. These include the possibility of losing future income (or loss of life expectation) and future and past medical expenses. Economic damages don't have a maximum cap, which increases the value of an instance.

A good birth injury attorney will be familiar with the process of negotiating and settling claims with insurance adjusters. They'll know how to spot a low-ball offer and utilize their expert experience to counter with a fair settlement amount. In certain situations, a settlement may be reached outside of court. In other cases it is required to get the compensation you deserve.