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A settlement for birth injuries may help pay for Birth Injury Lawyer medical treatments that can be costly. The amount of compensation you receive will depend on the type and severity of the birth injury your child was injured.
Costs for lifelong care are usually related to severe birth injuries, including cerebral palsy. These expenses are known as economic damages, and are not subject to maximum caps.
Compensation
Medical malpractice laws could hold nurses and doctors accountable for errors made during childbirth which have permanent and life-changing effects on the baby or mother. In some cases, the court may make a payment for damages such as pain and discomfort, loss of consortium and past and future medical expenses, physical therapy and more.
A birth injury lawsuit can also seek compensation for other expenses which could be avoided if the doctor had not committed negligence, like lost income or diminished earning capacity. Parents who are forced to take care of their disabled children often have significant financial losses. In addition certain birth injuries require expensive equipment and adjustments to the home, which could be costly.
Lawyers typically begin the claims process by submitting an application to the hospital's doctor or malpractice insurer, which includes an exhaustive description of the incident and all relevant records. The insurance company will then review the claim and either accept or deny it. If the insurance company declines the offer, lawyers will bring a lawsuit.
Some states have indemnity funds for birth injuries, which decrease the amount of medical malpractice insurance premiums or charges to Obstetricians. These funds are not able to cover the costs of lifetime care. Furthermore they do not bar plaintiffs from seeking monetary awards from other defendants like the hospital where the negligence occurred.
Expert Witnesses
Medical professionals involved in a lawsuit involving birth injuries have a duty of care to the mother and child. If a healthcare professional is not able to meet this obligation, and it results in an injury, then they could be held accountable. Expert witnesses are required to support this claim. They are typically doctors in the same field or related area, who are able to explain in plain language the standards of practice and the way in which the defendant medical professional violated that standard.
A skilled birth injury lawyer knows how to get and present the best expert witness testimony. They are able to anticipate and counter defenses of healthcare providers to ensure that the case is presented in the best light.
Your lawyer will help you determine the total value of your losses, and will prove that in court. These include both economic and non-economic damages, like medical bills along with pain and suffering, loss of enjoyment of life and loss of income.
A skilled birth injury lawyer is well-versed in negotiating with insurance companies and is aware of the tactics insurance companies often employ to press victims into accepting lower-priced offers. Your lawyer can help you resist these pressures and help keep your case moving until the malpractice insurers of the medical professionals agree to accept a settlement. If they do not the offer, your attorney may make a claim to force them to negotiate in good faith.
Statute of Limitations
There are strict deadlines for filing claims on behalf of children who suffered birth injuries. Medical malpractice claims based upon the mother's injuries must generally be filed within two-years of the wrongful act which led to the claim. In contrast birth injury claims based on injuries sustained by the child are typically filed before the child turns 10.
The aim of creating a strong case is to prove that your child's doctor violated the applicable standard of care. This may involve a lengthy review of medical records and tests, as well as it could also involve interviewing other nurses, doctors and hospital staff who watched the birth and labor process.
You will not automatically succeed in a lawsuit if you prove that medical professionals was not up to the standard of care. You must also prove that this breach of duty directly led to your child's injuries. This is known as causation, and is a hotly disputable issue in many medical malpractice cases.
Selecting an attorney who has the resources to construct your case and go through trial is essential. Your lawyer will usually advance costs for litigation and only be paid if you are awarded compensation. This allows you to concentrate your attention on the healing of your child and gives you financial security in the event of an extended trial.
Time Limits
Each state has a statute or time period within which you may make a claim. This limits the timeframe to ensure that legal matters are pursued in a timely fashion and even if physical evidence is available and witnesses' accounts remain fresh. The statute of limitations for birth injury cases is usually two and a half years from the date that negligence or a mistake occurred.
There are exceptions in the case of injuries suffered by infants. For instance, New York laws allow for an extended time of limitations for medical malpractice claims on behalf of children, which extends the deadline to 10 years from the birth of the child.
A skilled birth injury lawyer will be familiar with the specifics of the statute of limitations for each state. They also know about any particular considerations associated with a child’s birth injury case. For instance, many birth injury cases result in significant economic damages, including the possibility of losing future income (or loss of life expectancy) and future and past medical expenses. Economic damages are not subject to caps that are too high which increase the potential value of the birth injury case.
A reputable birth injury lawyer is adept in the art of working with insurance adjusters. They will be able to spot a lowball settlement offer and counter it with an acceptable amount. In some instances, settlements can be reached without the need for court. In other instances it is required to get the amount you deserve.
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