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A settlement for birth injuries can aid in the payment of medical expenses that can be costly. The amount you receive may depend on the kind of birth injury your child suffered.
Birth injuries that are severe, like cerebral palsy often result in lifetime expenses for care. These costs are referred to as economic damages and are not subject to maximum caps in most states.
Compensation
When nurses and doctors make mistakes during childbirth that result in permanent, life-altering consequences for the baby or mother who has been injured and/or father, they could be held accountable under the laws on medical malpractice. In some instances the court could award compensation for damages, like pain and discomfort as well as loss of consortium, future medical expenses, physical therapy and more.
A birth injury lawsuit will also seek compensation for the costs that could be avoided if the doctor not committed malpractice. These include loss of income and reduced earning capacity. Parents who have to care for their children with disabilities often face significant financial losses. Some birth injuries require expensive equipment or modifications to the home. This can result in significant costs.
Lawyers usually start the claim process by submitting an application to the hospital's doctor or malpractice insurance company, which includes an exhaustive description of the incident and all relevant documentation. The insurance company will review the claim and either decide to accept or reject it. If the insurance company denies the offer, then lawyers will start a lawsuit.
Some states have indemnity insurance funds for birth injuries. These funds reduce the amount of medical malpractice insurance premiums, or fees, charged to doctors who specialize in obstetrics. However, these funds might not be sufficient to cover a lifetime of care. They also don't prevent plaintiffs seeking monetary damages from other defendants, like the hospital where the malpractice occurred.
Expert Witnesses
The medical professionals involved in a lawsuit involving birth injuries are obligated to the mother and child the obligation of following their profession's accepted standard of care. If the healthcare provider fails in this duty and causes an injury, they could be held accountable. Expert witnesses are needed to prove this claim. They are typically doctors from the same or a similar field, who can explain in plain language the standards of practice and the way in which the medical professional who was liable for the malpractice breached that standard.
A skilled birth injury lawyer knows how to secure and present the most credible expert witness testimony. They have the knowledge to anticipate and counter the defenses offered by healthcare providers, so that the case can be presented in the best light.
Your lawyer will assist you to determine the total amount of your losses. They will also prove it in the court. These include both economic damages and non-economic ones, such as medical expenses, pain and suffering and lost income.
A reputable birth injury lawyer is also experienced in dealing with insurance companies, and knows the tactics that insurers use to force victims into accepting low-cost offers. An attorney can assist you resist these pressures and keep the case moving along until the medical providers and malpractice insurance companies agree to settle. Your attorney can make a legal claim to force them into negotiations on good faith if they refuse.
Statute of limitations
Parents may make claims on behalf their children for costs caused by birth injuries, but there are strict deadlines that must be adhered to. Medical malpractice claims based on injuries to mothers are generally filed within two-years of the negligence that led to the claim. Birth injury claims based upon injuries to the child are typically allowed until the child is age of 10.
The goal of building an argument that is strong is to establish that your child's medical professional did not follow the appropriate standard of care. This could involve extensive review of medical records and tests, as well as it may involve interviewing other nurses, doctors and hospital staff who observed the labor and delivery process.
It is not a guarantee that you will be awarded a settlement if you prove that a medical professional did not meet the standard of care. You must also establish that the breach of duty was responsible for your child's injury. This is called causation, and it is a hotly contested issue in many medical malpractice cases.
It is important to choose an attorney with the resources needed to construct your case and then proceed to a trial. The lawyer you choose will typically advance lawsuit costs and only get paid if you are awarded compensation. This lets you concentrate your attention on the healing process of your child and offers financial security in the event of a lengthy trial.
Time Limits
Each state has a statute of limitations or time frame within which you are required to bring a lawsuit. This time limit ensures that legal matters are handled swiftly, while evidence and witness testimony is fresh. In cases involving birth injuries the statute of limitation is usually two and half years from date of the negligence or mishap.
There are exceptions for infants who suffer injuries. 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 of the child.
An experienced birth injury lawyer will be well-versed in the specifics of the statute of limitations in each state. They will also be aware of any unique requirements that apply to the birth injury case of a child. A lot of birth injury cases contain significant economic damages. These include future loss of income, or loss of life expectancy, and past and future medical costs. Economic damages are not subject to caps on maximum amounts and thus increase the potential value of an injury case.
A skilled birth injury lawyer will be well-versed in the process of negotiating and settling claims with insurance adjusters. They will be able to spot a low-ball settlement offer and fight it with an appropriate amount. In certain situations, settlements can be reached without the need for court. In certain cases there is a need for trial in order to secure the compensation you deserve.
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