The Benefits of a Birth Injury Settlement

A birth injury settlement can assist in covering medical treatments which can be expensive. The amount of compensation that you receive will depend on the type and severity of the birth injury your child suffered.

Costs for long-term care are often associated with severe birth injuries, such as cerebral palsy. These costs are referred to as economic damages and aren't subjected to caps on maximum amounts in many states.

Compensation

When doctors and nurses make mistakes during childbirth that result in permanent, life-altering effects for the baby or mother, they may be held liable under the laws governing medical malpractice. In certain cases, a court awards compensation for damages such as pain and suffering and loss of consortium past and future medical bills, physical therapy and more.

A birth injury lawsuit may also seek reimbursement for expenses that could have been avoided had the doctor not committed a malpractice. This could include lost income and reduced earning capacity. Parents who must care for their children with disabilities often face significant financial losses. Some birth injuries require costly equipment or modifications to the home. This can lead to high costs.

Lawyers begin the claims process by sending an initial demand packet to the malpractice insurance company of the hospital or doctor, which includes a detailed description of the accident and all pertinent records. The insurance company will evaluate the claim, and either accept it or reject it. If it declines the offer the lawyers will be preparing to file a lawsuit.

Certain states have an indemnity fund for birth injuries which decreases the amount of medical malpractice insurance or charges made by doctors of obstetrics. However, these funds may not be sufficient to cover a lifetime of care. They also don't stop 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 have a responsibility to the mother and child the obligation of following the accepted standards of care. If the healthcare provider fails to comply with this obligation and it leads to injury, they could be held accountable for their actions. Expert witnesses are required to prove this claim. These are typically doctors working in the same or the same field, who can describe in layman's terms the standard of practice as well as the reasons why the defendant medical professional violated that standard.

An experienced birth injury lawyer will know how to secure and present the most reliable expert witness testimony. They are able to anticipate and counter the defenses offered by healthcare providers, to ensure that the case is presented in the most positive light.

Your lawyer will help you determine the total value of your losses, and will prove the amount in court. These include non-economic and economic damages, like medical bills along with pain and suffering, loss of enjoyment and income loss.

A good birth injury attorney is also skilled in negotiating insurance companies and is familiar with the strategies they employ to force victims into accepting low-ball settlement offers. Your attorney can help resist these pressures and keep your case moving until the malpractice insurers of the medical professionals agree to accept a settlement. If they do not to settle, your lawyer can bring 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 suffered birth injuries. For example, medical malpractice claims based on injuries sustained by the mother generally must be filed within two years of the date of the negligent act or omission which led to the claim. Birth injury claims based on injuries to children are generally allowed until the child reaches age of 10.

The goal of building an evidence-based case is to prove that the medical professional who treated your child breached the standard of care. This may involve a lengthy review of medical records and tests, as well as it could involve a thorough interview with other nurses, doctors and hospital staff who watched the birth and labor process.

You are not guaranteed to win a claim if you prove that the medical professional did not meet the standards of care. You also need to show that this breach of duty directly led to your child's injuries. This is called causation, and is a hotly contested issue in many medical malpractice cases.

Selecting an attorney who has the resources to build your case and get through trial is crucial. The lawyer you choose will usually pay for the costs of litigation and only get paid if they obtain compensation for you. This allows you to focus on your child's recovery, and it also offers a level of financial security that you can rely on in the event of a long prolonged trial.

Time Limits

Each state has a statute of limitations, or time frame within which you are required to make a claim. This limit of time ensures that legal issues are dealt with quickly, and while evidence and witness testimony is fresh. For birth injury cases, the statute of limitations is usually two and one-half years from the date of negligence or malpractice.

There are some exceptions to this rule for infants who suffer injuries. For instance, New York laws allow for a longer statute of limitations for medical malpractice claims on behalf of children, which extends the deadline to 10 years after the birth of the child.

An experienced birth injury attorney will be familiar with the particulars of each state's statute of limitations. They also know any particular considerations related to a child's birth injury case. Many birth injuries cases result in significant economic damages. These include future loss of income, or the loss of life expectancy as well as the future and past medical costs. Economic damages are not subject to caps on maximum value, which increases the potential value of the birth injury case.

A good birth injury attorney is familiar with the process of negotiating and finally settling claims with insurance adjusters. They'll know how to spot a low-ball offer and use their specialized knowledge to counter-offer a fair settlement amount. In certain situations it is possible to settle without having to go to court. In some cases it is necessary to go through a trial in order to secure the compensation you deserve.