The Benefits of a Birth Injury Settlement

A settlement for birth injuries can help pay for medical treatments that are often expensive. The amount of compensation you receive may depend on the kind of birth injury your child sustained.

Lifelong care costs are often related to severe birth injuries, including cerebral palsy. These expenses are known as economic damages and aren't subjected the maximum limits in all states.

Compensation

If nurses or doctors make mistakes during childbirth that lead to lasting, life-altering injuries to the baby or mother and/or mother, they could be held liable under medical malpractice laws. In some cases the court will award compensation for damages such as pain and suffering as well as loss of consortium past and future physical therapy, medical bills and more.

A birth injury lawsuit will also seek compensation for costs that could have been avoided had the doctor not committed malpractice. These include loss of income and diminished earning capacity. Parents who are responsible for their disabled child typically have to quit their jobs, which can result in a significant loss of money. In addition certain birth injuries require costly equipment and modifications to the home, which can be costly.

Lawyers begin the claim process by submitting a first demand packet to the malpractice insurance company of the hospital or doctor that includes a thorough description of the injury and all pertinent documents. The insurance company will then review the claim, and either accept or deny it. If it rejects the offer then lawyers will prepare to file a lawsuit.

Some states have an indemnity fund to treat birth injuries, which can reduce the amount of medical malpractice fees or charges made by doctors of obstetrics. However, these funds might not be enough to cover the cost of a lifetime of treatment. Furthermore they don't stop plaintiffs from seeking monetary compensation from other defendants, for instance, the hospital where the malpractice took place.

Expert Witnesses

Medical professionals involved in a lawsuit for birth injuries owe a duty of care to the mother and child. If the healthcare provider fails to perform this duty, and the result is to an injury, they may be held accountable for malpractice. To prove this, you need expert witnesses, typically doctors who are in the same or similar field who can explain the standards of practice in layman's terms and explain how the medical professional breached that standard.

A birth injury lawyer who has experience will know how to get and present expert witness testimony. They also have the expertise to anticipate healthcare professionals' defenses and rebut them to ensure that the claim is presented in the most favorable light.

Your lawyer can also assist you to calculate your total losses and demonstrate these in the court. These include both economic and non-economic ones such as medical expenses or pain and suffering as well as lost income.

A good birth injury attorney is also experienced in negotiating against insurers and is aware of the tactics they use to force victims into accepting lowball settlement offers. Your lawyer can assist you in resisting these pressures, and keep your case on track until the malpractice insurance companies of the medical providers agree to accept a settlement. If they do not, your attorney can bring a lawsuit to force 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. For instance, medical negligence claims stemming from injuries to the mother are generally filed within two years from the date of the negligent act or omission leading to the claim. In contrast, birth injury claims based upon injuries to the child can generally be filed before the child turns 10.

To prove your argument, you need to prove that the medical professional who treated your child violated the standards in place. This may require an exhaustive review of medical documents, tests, as well as interviews with other doctors, nurses, and hospital staff who were present during the birth and labor.

It is not a guarantee that you will win a claim if you prove that medical professionals didn't meet the standard of care. You must prove that the breach of duty led to the injury to your child. This is called causation, and it's a hotly disputable issue in many medical malpractice cases.

It is essential to select an attorney with the resources needed to construct your case and then take it to a trial. Your lawyer is likely to charge you for lawsuit expenses, and only be paid when they obtain compensation for you. This allows you to concentrate your focus on the healing of your child and also provides financial security in the event of an extended trial.

Time Limits

Every state has a statute or time period within which you may bring a lawsuit. This limit ensures that legal issues are dealt with in a timely manner and as long as evidence in the form of physical evidence is accessible and witnesses' statements remain fresh. In cases involving birth injuries the statute of limitations is typically two and one-half years from the date of negligence or malpractice.

However, there are exceptions for injuries suffered by infants. New York law, for example, birth injury permits an extended time frame on medical malpractice claims for a child. The deadline is extended to 10 years after the child's date of birth.

An experienced birth injury lawyer is familiar with the specifics of each State's statute of limitation. They also will be aware of any particular considerations relevant to a child's birth injury case. For example, many birth injuries are accompanied by significant economic damages, such as future loss of income (or loss of life expectation) and past and foreseeable medical expenses. Economic damages are not subject to caps on maximum value, which increases the potential value of the birth injury case.

A skilled birth injury lawyer is well-versed in the procedure of negotiating and settling claims with insurance adjusters. They'll know how to spot a lowball offer and make use of their experience to counter with an appropriate settlement amount. In certain situations settlements can be made without going to court. In certain cases there is a need for trial to ensure you receive the amount you are due.