The Benefits of a Birth Injury Settlement

A birth injury settlement can help cover medical treatments which can be expensive. The amount you receive will depend on the kind of birth injury your child sustained.

Lifelong care costs are often related to severe birth injuries, like cerebral palsy. These expenses are known as economic damages, and they are not subject to maximum caps.

Compensation

If doctors or nurses make mistakes during childbirth which cause permanent, life-altering consequences for the baby or mother or both, they could be held liable under medical malpractice laws. In certain cases the court will award compensation for damages like suffering and suffering, loss of consortium, future and past medical bills, physical therapy and more.

A birth injury lawsuit may also seek reimbursement for other costs that could have been avoided if the doctor had not committed negligence, like lost income or diminished earning capacity. Parents who have to care for their disabled child usually must quit their jobs, resulting in a significant loss of money. Some birth injuries require expensive equipment or changes to the home. This can lead to costly expenses.

Lawyers usually start the claims process by sending demand packages to the doctor or hospital's malpractice insurance provider, containing an exhaustive description of the injuries and all relevant records. The insurance company will evaluate the claim and decide whether to decide to accept or reject it. If the insurance company rejects the offer then attorneys will start a lawsuit.

Some states have indemnity insurance funds for birth injuries, which decrease the amount of medical malpractice insurance premiums, or fees, charged to obstetricians. However, these funds might not be sufficient to provide a lifetime of medical care. Also, they do not stop plaintiffs from seeking compensation from other defendants, such as the hospital where the malpractice occurred.

Expert Witnesses

The medical experts involved in a birth injury lawsuit owe the mother and child a duty to follow their profession's accepted standard of care. If the healthcare provider fails to meet this duty, and the result is to an injury, they may be held accountable for malpractice. Expert witnesses are required to prove this claim. These are typically doctors working in the same or a similar field, who can describe in plain language the standards of practice and the way in which the defendant medical professional breached that standard.

An experienced birth injury lawyer will know how to obtain and present the most credible expert witness testimony. They have the knowledge to anticipate and fight the defenses of healthcare providers, so that the claim can be presented in the most positive light.

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

An experienced birth injury attorney is also skilled in negotiating between insurers and understands the strategies they employ to force victims into accepting settlements that are low-cost. Your attorney can help resist these pressures and keep your case on track until the malpractice insurance companies of the medical professionals agree to settle. If they do not the offer, your attorney 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. For example, medical malpractice claims based on injuries sustained by the mother must generally be filed within two years from the date of the negligent act or omission that led to the claim. Contrarily, birth injury claims based on injuries sustained by the child can typically be filed up to the time that the child reaches 10.

The objective of building an argument that is strong is to establish that the medical professional who treated your child did not follow the appropriate standard of care. This may involve a lengthy review of medical records and tests, and it could involve a thorough interview with other doctors, nurses and hospital staff who observed the labor and delivery process.

Even if you establish that a medical professional erred in their duty to provide the required care, this doesn't mean that you automatically win your claim. You must establish that the breach of duty was responsible for the injury to your child. This is known as causation and it is a highly debated topic in a variety of medical malpractice cases.

It is essential to select an attorney with the resources necessary to build your case and then proceed to the process of trial. The lawyer you choose will typically advance costs associated with litigation, and only get paid if you get compensation. This lets you concentrate your attention on the healing process of your child and gives you financial security in the event of a prolonged trial.

Time Limits

Each state has a statute of limitations, or timeframe within which you can start a lawsuit. This limit ensures that legal proceedings are handled in a timely fashion and while physical evidence is still available and witnesses' accounts remain fresh. In cases involving birth injuries the statute of limitation is typically two and two-and-a-half years from date of the accident or negligence.

However there are exceptions for injuries suffered by infants. New York law, Birth Injury lawsuit for example, allows for 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 attorney for birth injury lawyers injuries will know the specifics of the statute of limitations in each state. They also know any particular considerations related to a child's birth injury case. A majority of birth injury cases involve significant economic damages. They include future lost income, or the loss of life expectancy, as well as future and past medical costs. Economic damages are not subject to caps on maximum value and thus increase the potential value of a birth injury case.

A reputable birth injury lawyer will be adept in the art of working with insurance adjusters. They will be able to spot a low-ball offer and make use of their experience to counter with an appropriate settlement amount. In certain situations the settlement can be reached outside of the courtroom. In other instances it is necessary to receive the amount you deserve.