The Benefits of a Birth Injury Settlement

A settlement for birth injuries could help pay for medical treatments that are often expensive. The amount of compensation that you receive will be contingent on the type and severity of the birth injury your child suffered.

Costs for lifelong care are usually related to severe birth injuries, including cerebral palsy. These costs are referred to as economic damages and are not subject to maximum caps.

Compensation

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

A birth injury lawsuit will also seek reimbursement for costs that could be avoided had the doctor not committed a malpractice. These include lost income and decreased earning capacity. Parents who care for their disabled child frequently need to quit their jobs, which can result in substantial financial losses. Additionally some birth injuries require expensive equipment or modifications to the home, which can result in high costs.

Lawyers begin the claims process by sending an initial demand package to the malpractice insurance company of the hospital or doctor that includes a thorough description of the accident as well as all relevant records. The insurance company will examine the claim and decide whether to accept or deny it. If it declines the offer then lawyers will prepare to make a claim.

Some states have an indemnity plan for birth injuries which decreases the amount of medical malpractice premiums or charges charged by Obstetricians. However, these funds may not be enough to cover a lifetime of care. In addition they do not stop plaintiffs from seeking financial compensation from other defendants like the hospital where the negligence occurred.

Expert Witnesses

Medical professionals involved in a lawsuit regarding birth injuries owe the duty of care the mother and child. If a healthcare professional does not fulfill this duty, and it results in an injury, they could be held accountable. Expert witnesses are needed to prove this claim. They are usually doctors in the same field or related area, who are able to explain in plain English the standard of practice as well as the reasons why the medical professional who was liable for the malpractice breached that standard.

A skilled birth injury lawyer will know how to obtain and present the most credible expert witness testimony. They also have the expertise to anticipate the healthcare providers defenses and rebut them in a manner that the case is presented in the strongest light.

Your attorney can also help you determine the total losses and demonstrate them in the court. These are both economic and non-economic ones such as medical expenses, pain and suffering and lost income.

A good birth injury attorney is also experienced in negotiating against insurers and is aware of the tactics they use to get victims to accept lowball settlement offers. An attorney can assist you resist these pressures and keep the case moving ahead until the medical practitioners' malpractice insurers agree to accept a settlement. Your attorney may make a legal claim to force them to negotiate on good faith if they do not agree.

Statute of Limitations

Parents can make claims on behalf their children for expenses caused by birth injuries, but there are strict deadlines that must be adhered to. For example, medical malpractice claims stemming from injuries to the mother must generally be filed within two years from the date of the negligent act or omission that gave rise to the claim. In contrast, birth injury claims based upon injuries to the child can generally be filed before the child turns 10.

The objective of building solid evidence is to establish that the medical professional treating your child breached the standard of care. This may require a thorough review of medical documents, tests, and interviews with other nurses, doctors and hospital personnel who witnessed the birth and labor.

It is not a guarantee that you will be successful in a claim if prove that the medical professional did not meet the standard of care. You must also demonstrate that the breach of duty was responsible for your child's injury. This is called causation, and it is a hotly disputable issue in many medical malpractice cases.

Selecting an attorney with the resources to build your case and go through trial is crucial. The lawyer you choose will usually advance lawsuit expenses and will only get paid if they obtain compensation for you. This lets you concentrate your attention on the healing of your child and gives you financial security in the event of a lengthy trial.

Time Limits

Each state has its own statute of limitations, or timeframe within which you must start a lawsuit. This deadline ensures that legal issues are addressed quickly, while evidence and witness testimony is fresh. In cases involving birth injuries the statute of limitation is usually two and two-and-a-half years from date of negligence or malpractice.

There are exceptions to this law for injuries sustained by infants. New York law, for example, allows for an extended time frame on medical malpractice claims for children. The deadline is extended to 10 years after the date of birth of the child.

An experienced birth injury attorney will be familiar with the particulars of each state's statute of limitations. They also will be aware of the special considerations associated with a child’s birth injury case. For instance, a lot of birth injury cases result in significant economic damages, including future loss of income (or loss of life expectation) and past and foreseeable medical expenses. Economic damages are not subject to maximum caps, which increases the potential value of an injury case.

A good birth injury attorney will be familiar with the process of negotiating and settlement claims with insurance adjusters. They will be able to spot a low-ball settlement offer and fight it with an amount that is fair. In some instances the settlement can be reached without the need for the courtroom. In some cases there is a need for trial to receive the amount you are due.