The Benefits of a Birth Injury Settlement

A birth injury settlement can aid in the payment of medical expenses that can be costly. The amount you receive will depend on the type of birth injury that your child sustained.

Severe birth injuries like cerebral palsy can result in lifelong medical costs. These expenses are known as economic damages and aren't subjected to maximum caps in most states.

Compensation

If doctors or nurses make mistakes during childbirth that result in permanent, life-changing consequences for the injured baby and/or mother and/or mother, they could be held liable under medical malpractice laws. In some instances, the court may give compensation for the 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 reimbursement for costs that could have been avoided if the doctor not committed a malpractice. These include lost income and diminished earning capacity. Parents who must take care of their children with disabilities often face significant financial losses. Certain birth injuries require costly equipment or modifications to the home. This can lead to costly expenses.

Lawyers begin the claim process by submitting an initial demand packet to the malpractice insurer of the hospital or doctor with a full description of the injury and all pertinent records. The insurance company will review the claim and either decide to accept or reject it. If it rejects the offer then lawyers will prepare to start a lawsuit.

Some states have an indemnity fund for birth injuries that reduces the amount of medical malpractice fees or charges imposed by doctors. These funds may not be able to cover the costs of lifetime care. They also do not prevent plaintiffs from seeking damages in monetary form from other defendants such as the hospital where the negligence occurred.

Expert Witnesses

Medical professionals involved in a lawsuit regarding birth injuries owe the duty of care to the mother and child. If the medical professional fails to fulfill this duty, and the result is to an injury, they may be held liable for malpractice. The proof of this claim requires experts, usually doctors in the same or similar field who can explain the standards of practice in a layman's way and explain how the medical professional violated that standard.

A birth injury lawyer who has experience knows how to get and provide expert witness testimony. They are able to anticipate and combat the defenses of healthcare providers, so that the case will be presented in the best light.

Your attorney will help determine the total value of your losses and prove that in the court. These include both economic damages and non-economic ones, such as medical expenses as well as pain and suffering, and lost income.

A skilled birth injury lawyer is experienced in negotiating with insurance companies and knows the tactics that insurance companies often employ to press victims into accepting low-cost offers. Your attorney can help resist these pressures and keep your case moving until the malpractice insurance companies of the medical professionals agree to accept a settlement. If they don't, your attorney can file a lawsuit to force 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. 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 generally be filed before the child turns 10.

To establish a solid case, you must prove that the medical professional who treated your child did not adhere to the standards in place. This may require a thorough review of medical documents, tests, as well as interviews with other nurses, doctors, and hospital staff who witnessed the birth and labor.

It is not a guarantee that you will succeed in a lawsuit if you prove that the medical professional did not meet the standard of care. You must also prove that this breach of duty directly contributed to your child's injuries. This is called causation, and is a hotly disputable issue in many medical malpractice cases.

Selecting an attorney with the resources to build your case and to go through trial is crucial. The lawyer you choose to work with will typically advance costs associated with litigation, and only get paid if you are awarded compensation. This lets you concentrate your attention on the healing process of your child and also provides financial security in the event of an extended trial.

Time Limits

Every state has a statute of limitations or time frame within which you can make a claim. This limit ensures that legal issues are dealt with in a timely fashion and as long as evidence in the form of physical evidence is available and witnesses' accounts remain fresh. The statute of limitations for birth injury cases is typically two and a half years from the date of when negligence or negligence occurred.

There are exceptions to this rule for infants who suffer injuries. For instance, New York laws allow for an extended time of limitations for medical malpractice claims on behalf of infants, extending the time limit to 10 years after the birth of the child.

A skilled birth injury lawyer will know the specifics of each state's statute of limitation. They also know any particular considerations related to a child's birth injury case. For instance, a large number of birth injuries involve substantial economic damages. These include future lost income (or loss of life expectancy) and future and past medical expenses. Economic damages are not subject to caps that are too high, which increases the potential value of cases involving birth injuries.

A skilled birth injury lawyer will be well-versed in the process of negotiating and settling claims with insurance adjusters. They are able to recognize an offer for settlement that is low and respond with an amount that is fair. In some cases there may be a settlement reached without the need for court. In other instances trials may be necessary to receive the amount you are due.