The Benefits of a Birth Injury Settlement

A settlement for birth injuries can provide medical treatment that can be costly. The amount of compensation that you receive will depend on the nature and severity of the birth injury your child suffered.

Lifelong care costs are typically caused by severe birth injuries, like cerebral palsy. These expenses are referred to as economic damages and are not subject to caps on maximum amounts.

Compensation

When nurses and doctors make mistakes during childbirth that result in permanent, life-changing consequences for the baby or mother who has been injured and/or father, they could be held liable under the laws on medical malpractice. In some cases, courts award compensation for damages like suffering and suffering, loss of consortium, past and future physical therapy, medical bills and more.

A birth injury lawsuit can also seek compensation for other costs that could be avoided if the doctor had not committed negligence, like lost income or diminished earning capacity. Parents who spend time caring for their disabled child usually have to quit their jobs, which can result in a significant loss of money. Certain birth injuries require costly equipment or modifications to the home. This can lead to high costs.

Lawyers typically begin the claims process by submitting a demand package to the doctor or hospital’s malpractice insurer, which includes details of the injury as well as all relevant documentation. The insurance company will then review the claim, and either accept it or reject it. If the insurance company denies the offer, lawyers will start a lawsuit.

Some states have indemnity fund for birth injuries, which reduce the amount of medical malpractice insurance premiums or birth injury fees charged to doctors who specialize in obstetrics. However, these funds might not be sufficient to cover a lifetime of care. Additionally they do not stop plaintiffs from seeking compensation from other defendants, like the hospital where the malpractice took place.

Expert Witnesses

The medical experts involved in a birth injury lawsuit have a duty to the mother and baby a duty to follow the accepted standards of care. If the healthcare provider does not fulfill this duty and the result is an injury, they could be held accountable. Expert witnesses are required to support this claim. These are typically doctors working in the same or a similar field who can explain in plain English the standard of practice as well as the reasons why the defendant medical professional violated that standard.

A birth injury lawyer who has experience will know how best to gather and give expert witness testimony. They also have the knowledge to anticipate the healthcare providers defences and counter them to ensure that the claim is presented in the most favorable light.

Your lawyer will help you determine the total amount of your losses and then prove that in the court. These include both economic damages and non-economic ones, such as medical expenses, pain and suffering and lost income.

A good birth injury lawyer is proficient in negotiations with insurance companies and knows the tactics that insurers often employ to pressure victims into accepting low-cost offers. Your lawyer can assist you in resisting these pressures, and keep the case moving until the malpractice insurers of the medical professionals agree to settle. Your lawyer can make a legal claim to force them into negotiations in good faith if they refuse.

Statute of Limitations

There are strict deadlines for filing claims on behalf of children who suffered birth injuries. Medical malpractice claims that stem from injuries to a mother’s body should generally be filed within two-years of the negligence that caused the claim. Birth injury claims based upon injuries to the child are typically allowed until the child attains the age of 10.

To establish a solid case, you must establish that the medical professional who treated your child erred in the standard of care applicable to him/her. This could require an extensive review of medical documents, tests, as well as interviews with other doctors, nurses and hospital staff who witnessed the labor and delivery.

Even if you establish that a medical professional failed to provide the required care, this does not mean that you will automatically win your claim. You must also demonstrate that the breach of duty led to your child’s injury. This is known as causation and is a highly contested issue in medical malpractice cases.

Selecting an attorney with the resources to construct your case and take it to trial is essential. Your lawyer will usually advance costs associated with litigation, and only get paid when you receive compensation. This allows you to concentrate your focus on the healing of your child and provides financial security in the event of an extended trial.

Time Limits

Each state has its own statute of limitations, or timeframe within which you have to file a lawsuit. This limitation ensures that legal cases are pursued in a timely manner and as long as evidence in the form of physical evidence is available and witnesses’ accounts remain fresh. In cases involving birth injuries the statute of limitations is usually two and half years from date of the accident or negligence.

However there are exceptions to injuries suffered by infants. New York law, for instance, permits an extended statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years after the date of birth for the child.

A skilled birth injury lawyer is well-versed in the specifics pertaining to the statute of limitations for each state. They also know the special considerations related to a child’s birth injury case. For instance, a large number of birth injuries are accompanied by significant economic damages. These include the possibility of losing future income (or loss of life expectancy) and future and past medical expenses. Economic damages are not subject to maximum caps which increase the potential value of the birth injury case.

A reputable birth injury lawyer is familiar with the process of negotiating and settling claims with insurance adjusters. They’ll know how to spot a lowball offer and utilize their expert knowledge to counter-offer an appropriate settlement amount. In some instances the settlement can be reached without the need for court. In other cases, a trial may be required to get the amount you deserve.