The Benefits of a Birth Injury Settlement

A birth injury settlement can help cover medical treatments which can be expensive. The amount of compensation that you receive will depend on the nature and severity of birth injury lawsuits injury that your child sustained.

The most severe birth injuries, such as cerebral palsy can result in lifelong cost of care. These expenses are referred to as economic damages and are not subject to caps on maximum amounts.

Compensation

Medical malpractice laws can hold doctors and nurses liable for mistakes made during childbirth, which can have permanent and life-altering consequences for the mother or baby. In some cases, courts award damages for suffering and suffering, loss of consortium, future and past physical therapy, medical bills and more.

A birth injury lawsuit can also seek compensation for other costs that could be avoided if the doctor did not commit malpractice, such as lost income or diminished earning capacity. Parents who are forced to take care of their disabled children often have significant financial losses. Additionally certain birth injuries require expensive equipment and adjustments to the home, which could add up to high expenses.

Lawyers usually start the claims process by providing a demand package to the hospital's doctor or malpractice insurance provider, containing an exhaustive description of the injury as well as all relevant records. The insurance company will then review the claim and decide whether to decide to accept or reject it. If the insurance company declines the offer, lawyers will bring a lawsuit.

Some states have an indemnity fund for birth injuries, which reduces the amount of medical malpractice premiums or fees charged by doctors. These funds may not be able to cover the cost of a lifetime's care. They also don't stop plaintiffs from seeking financial damages from other defendants, such as the hospital where the error occurred.

Expert Witnesses

The medical professionals involved in a lawsuit involving birth injuries have a responsibility to the mother and child the obligation of adhering to their profession's accepted standard of care. If a healthcare professional does not meet their obligation and causes an injury, they may be liable. Expert witnesses are needed to prove this claim. They are usually doctors in the same or related area, who are able to explain in plain language the standards of practice and explain how the defendant medical professional 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 fight the defenses of healthcare providers so that the case is presented in the most positive way possible.

Your attorney will also help you to determine your total losses, and to prove them in court. These include both economic and non-economic damages, like medical bills, pain and suffering, loss of enjoyment and income loss.

An experienced birth injury attorney is also adept at negotiating with insurers and knows the tactics they use to force victims into accepting settlements that are low-cost. Your lawyer can help you resist these pressures and keep your case on track until the malpractice insurers of the medical providers agree to settle. Your lawyer may bring a lawsuit to force them to negotiate in good faith, if they don't agree.

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 a mother's body must be filed within two years of the negligent act which led to the claim. Birth injury claims based upon injuries to the child are typically allowed until the child reaches the age of 10.

To prove your argument, you need to prove that the medical professional who treated your child did not adhere to the standard of care applicable to him/her. This could involve extensive review of medical records and tests, as well as it may involve interviewing other nurses, doctors and hospital staff who watched the labor and delivery process.

Even if you establish that a medical professional failed to meet the standards of medical care, that does not mean that you automatically be able to win your case. You must demonstrate that the breach of duty caused the injury of your child. This is known as causation and is an extremely litigated issue in medical malpractice cases.

Selecting an attorney with the resources to construct your case and get through trial is essential. Your lawyer is likely to pay for the costs of litigation and only be paid if you recover compensation for you. This allows you to concentrate on your child's rehabilitation and it also offers a level of financial assurance that you can count on in the event of a long, prolonged trial.

Time Limits

Each state has a statute or time limit within which you can make a claim. This limitation ensures that legal cases are pursued promptly and while physical evidence is still accessible and the testimony of witnesses remain fresh. For birth injuries the statute of limitation is usually two and half years from date of the accident or negligence.

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

An experienced attorney for birth injuries will know the particulars of each state's statute of limitation. They will also know about the special considerations associated with a child’s birth injury case. Many birth injury cases include significant economic damages. They include future lost income, or the loss of life expectancy, as well as future and past medical expenses. Economic damages don't have a maximum amount which increases the value of the case.

An experienced birth injury attorney is well-versed in the process of negotiating and finally settling claims with insurance adjusters. They will be able to spot a lowball offer and make use of their knowledge to counter-offer an acceptable settlement amount. In certain situations settlements can be made without a court appearance. In other cases it is required to get the amount you deserve.