The Benefits of a Birth Injury Settlement

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

The most severe birth injuries, such as cerebral palsy often result in lifetime care costs. These costs are known as economic damages and aren't subject to the maximum cap in most states.

Compensation

Medical malpractice laws may hold nurses and doctors accountable for errors they make during childbirth which have permanent and life-changing effects on the mother or baby. In some cases the court could award compensation for damages, like pain and discomfort, loss of consortium and past and future physical therapy, medical expenses, and more.

A birth injury lawsuit could also seek reimbursement for costs that could be avoided if the doctor not committed malpractice. These include loss of income and a diminished earning capacity. Parents who must care for their disabled children often have significant financial losses. Certain birth injuries require expensive equipment or adjustments to the home. This can lead to high costs.

Lawyers begin the claim process by submitting a first demand package to the malpractice insurance company of the doctor or hospital that includes a thorough description of the accident along with all relevant records. The insurance company will evaluate the claim and decide whether to decide to accept or reject it. If the insurance company denies the offer, then lawyers will file a lawsuit.

Some states have indemnity fund for birth injuries. These funds lower the amount of medical malpractice insurance premiums or fees to obstetricians. These funds may not cover the costs of a lifetime's worth of care. They also don't prevent plaintiffs seeking monetary damages from other defendants, like the hospital in which the negligence occurred.

Expert Witnesses

Medical professionals who are involved in a lawsuit involving birth injuries have the duty of care the mother and child. If the healthcare provider fails to perform this duty and leads to an injury, they could be held accountable for malpractice. Expert witnesses are needed to prove this claim. They are typically doctors in the same or the same field who can explain in plain English the standard of practice as well as the reasons why the defendant medical professional breached that standard.

An experienced birth injury lawyer knows how to get and present the most credible expert witness testimony. They have the knowledge to anticipate and counter the defenses of healthcare professionals, so that the case can be presented in the best light.

Your attorney will help you determine the total value of your losses and then prove that in the court. These are both economic and non-economic ones like medical expenses or pain and suffering as well as loss of income.

A good birth injury lawyer is also proficient in negotiations with insurance companies and knows the tactics that insurers use to force victims into accepting lowball offers. An attorney can assist you resist these pressures and keep the case moving ahead until the medical practitioners and malpractice insurance companies agree to settle. If they refuse an offer, your lawyer may start a lawsuit to compel them to negotiate in good faith.

Statute of Limitations

There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. Medical malpractice claims based on injuries to a mother's body should generally be filed within two-years of the wrongful act that led to the claim. Birth injury claims based on injuries to children are generally permitted until the child attains the age of 10.

The aim of creating solid evidence is to prove that the medical professional who treated your child violated the applicable standard of care. This may require a thorough review of medical documents, tests, as well as interviews with other nurses, doctors and hospital personnel who were present during birth and labor.

Even if you establish that a medical professional failed to provide the required medical care, that does not mean that you will automatically win your claim. You must establish that the breach of duty was responsible for your child's injury. This is known as causation and is a highly debated issue in medical malpractice cases.

Choosing an attorney that has the resources to build your case and take it to trial is essential. Your lawyer is likely to charge you for lawsuit expenses, and only be paid if you obtain compensation for you. This lets you focus on the child's progress, and also provides a degree of financial security you can count on in the event of a long and prolonged trial.

Time Limits

Each state has a statute of limitations or time frame within which you can file a lawsuit. This deadline ensures that legal issues are pursued quickly, while evidence and witness reports are fresh. For birth injury cases the statute of limitations is typically two and half years from date of the accident or negligence.

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

A skilled birth injury law firm injury lawyer will be familiar with the specifics of the statute of limitations in each state. They will also be aware of any particular aspects that are relevant to the birth injury case of a child. A lot of birth injury cases contain significant economic damages. They include future lost income, or the loss of life expectancy as well as future and past medical expenses. Economic damages do not have a maximum limit and can be a significant factor in the value of an instance.

A reputable birth injury lawyer is well versed in the process of dealing with insurance adjusters. They will be able to recognize a lowball settlement offer and respond with an amount that is fair. In some instances settlements can be reached without going to court. In other situations it is required to get the amount you deserve.