The Benefits of a Birth Injury Settlement

A birth injury settlement can help cover medical treatments which can be expensive. The amount of compensation you receive will depend on the type and severity of the birth injury your child was injured.

Lifelong care costs are often caused by severe birth injuries, including cerebral palsy. Such expenses are called economic damages and aren't subject to the maximum cap in most states.

Compensation

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

A birth injury lawsuit may also seek compensation for other expenses which could be avoided if the doctor did not commit wrongdoing, for example, lost income or reduced earning capacity. Parents who have to take care of their disabled children typically face significant financial losses. In addition, some birth injuries require expensive equipment and adjustments to the home, which could be costly.

Lawyers typically begin the claims process by providing an offer to the hospital's doctor or malpractice carrier, including an exhaustive description of the incident and all relevant records. The insurance company will then look over the claim and either accept it or deny it. If the insurance company denies the offer, attorneys will file a lawsuit.

Some states have an indemnity fund to treat birth injury attorneys injuries, which can reduce the amount of medical malpractice fees or charges charged by obstetricians. These funds may not cover the costs of a lifetime's worth of care. They also don't stop plaintiffs from seeking damages in monetary form from other defendants, like the hospital where the error occurred.

Expert Witnesses

The medical experts involved in a birth injury lawsuit have a responsibility to the mother and child the obligation of adhering to their profession's accepted standard of care. If the medical professional fails to fulfill this duty and it leads to injury, they may be held liable for malpractice. Expert witnesses are required to prove this claim. They are typically doctors working in the same or related field, who can describe in plain English the standard of practice and the way in which the medical professional who was liable for the malpractice did not meet that standard.

A birth injury lawyer with experience will know how to get and present expert witness testimony. They are able to anticipate and fight the defenses of healthcare providers, to ensure 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 the amount in the court. These include non-economic and economic damages, including medical bills along with pain and suffering, loss of enjoyment of life and lost income.

A skilled birth injury lawyer is proficient in negotiations with insurance companies and knows the tactics that insurance companies often employ to press victims into accepting lower-priced offers. An attorney can assist you resist these pressures and keep the case moving along until the medical providers' malpractice insurers agree to accept a settlement. Your lawyer can file a suit to force them to negotiate on good faith if they refuse.

Statute of Limitations

Parents can make claims on behalf their children to cover expenses caused by birth injuries, but there are certain deadlines to file. Medical malpractice claims that stem from injuries to mothers should generally be filed within two-years of the negligence that led to the claim. In contrast birth injury claims based on injuries to the child can typically be filed until the child turns 10.

To build a strong case, you must prove that the medical professional who treated your child violated the lawful standard. This could require a thorough review of medical records, tests, and interviews with other nurses, doctors and hospital staff who were present during labor and delivery.

Even if you prove that a medical professional was unable to meet the standard of care, this does not mean that you will automatically win your claim. You must prove that the breach of duty directly led to the injuries to your child. This is known as causation and is a hotly contested issue in medical malpractice cases.

Choosing an attorney that has the resources to build your case and take it to trial is crucial. The lawyer you choose to work with will typically advance lawsuit costs and only get paid if you get compensation. This lets you concentrate on your child's recovery, and also provides a degree of financial security that you can rely on in the event of a lengthy long-running trial.

Time Limits

Each state has its own statute or time limit within which you can make a claim. This restriction ensures that legal matters are pursued in a timely manner, and while physical evidence is still accessible and witnesses' statements remain fresh. For birth injury cases the statute of limitations is usually two and one-half years from the date of negligence or malpractice.

However there are exceptions to injuries sustained by infants. New York law, for example, permits a longer statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years following the date of birth for the child.

An experienced attorney for birth injuries will know the particulars of the statute of limitations for each state. They will also be aware of any unique considerations associated with a child's birth injury case. For instance, a lot of birth injuries involve substantial economic damages, including future loss of income (or loss of life expectation) and past and future medical expenses. Economic damages are not subject to caps on maximum amounts, which increases the potential value of the birth injury case.

An experienced birth injury attorney will be well-versed in the process of negotiating and settling claims with insurance adjusters. They are able to recognize a lowball settlement offer and fight it with an appropriate amount. In certain situations it is possible to settle without a court appearance. In certain cases it is necessary to go through a trial to ensure you receive the amount you are due.