The Benefits of a Birth Injury Settlement
A settlement for birth injuries can provide medical treatment that can be costly. The amount of compensation you receive will be contingent on the nature and severity of birth injury that your child suffered.
The most severe birth injuries, such as cerebral palsy can result in lifelong cost of care. These costs are referred to as economic damages and are not subject to maximum caps in most states.
Compensation
Medical malpractice laws could make nurses and doctors accountable for errors they make during childbirth, which can have permanent and life-altering consequences for the mother or baby. In some instances, the court may award compensation for damages, including discomfort and pain or loss of consortium as well as past and future expenses for physical therapy, medical bills and much more.
A
birth injury lawsuit may also seek compensation for other expenses that could have been avoided if a doctor had not committed malpractice, such as lost income or reduced earning capacity. Parents who must take care of their children who are disabled often suffer significant financial losses. In addition, some
birth injury law firms injuries require costly equipment and modifications to the home, which could result in high costs.
Lawyers usually start the claims process by providing demand packages to the doctor or hospital's malpractice carrier, including an extensive description of the incident and all relevant documents. The insurance company will review the claim, and either accept it or deny it. If the insurance company denies the offer, attorneys will start a lawsuit.
Some states have indemnity funds for birth injuries. These funds reduce the amount of medical malpractice insurance premiums or charges to obstetricians. However, these funds might not be sufficient to provide a lifetime of medical care. They also don't stop plaintiffs from seeking financial damages from other defendants, such as the hospital where the negligence occurred.
Expert Witnesses
The medical experts involved in a birth injury lawsuit are obligated to the mother and child a duty to follow the accepted standards of care. If a healthcare professional does not meet their obligation, and it results in an injury, then they could be held accountable. The case requires expert witnesses, typically doctors in the same or similar field who can explain the standard of practice in a layman's way and the way in which the medical professional breached that standard.
An experienced birth injury lawyer knows how to secure and present the most credible expert witness testimony. They are able to anticipate and counter the defenses of healthcare providers, so that the claim is presented in the most positive light.
Your attorney can also help you determine your total losses and then prove these in the court. These include non-economic and economic damages, such as medical bills or pain and suffering loss of enjoyment of life and lost income.
A skilled birth injury lawyer is experienced in negotiation with insurance companies and is aware of the tactics insurers use to force victims into accepting low-cost offers. Your lawyer can assist you in resisting these pressures, and help keep your case moving until the malpractice insurers of the medical providers agree to accept a settlement. Your lawyer may bring a lawsuit to force them to negotiate in good faith in the event that they refuse.
Statute of Limitations
Parents may file claims on behalf of their children for expenses resulting from birth injuries, however there are strict deadlines that must be adhered to. Medical malpractice claims based upon injuries to mothers must be filed within two-years of the negligence that caused the claim. Birth injury claims based on injuries to children are typically allowed until the child reaches age of 10.
To establish a solid case, you must establish that the medical professional who treated your child violated the applicable standard. This could require an extensive review of medical documents, tests, and interviews with other nurses, doctors, and hospital staff who were present during the
birth injury lawsuits and labor.
Even if you establish that a medical professional failed to meet the standard of medical care, that does not mean that you automatically win your claim. You must demonstrate that the breach of duty caused the injury of your child. This is known as causation and is a highly contested issue in medical malpractice cases.
Choosing an attorney that has the resources to construct your case and get through trial is essential. Your lawyer is likely to provide you with a loan for your lawsuit and only be paid when they recover compensation for you. This lets you focus your focus on the healing of your child and 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 are required to start a lawsuit. This limit of time ensures that legal issues are dealt with quickly, while physical evidence and witness accounts are still fresh. For birth injury cases the statute of limitation is usually two and one-half years from the date of the negligence or mishap.
However, there are exceptions for injuries suffered by infants. New York law, for instance, allows for longer time limits on medical malpractice claims for children. The deadline is extended to 10 years following the date of birth.
An experienced birth injury attorney will know the particulars of the statute of limitations in each state. They will also know about any particular issues related to a child's birth injury case. For instance, many birth injuries are accompanied by significant economic damages, including future loss of income (or loss of life expectancy) as well as future and past medical expenses. Economic damages do not have a maximum limit which can increase the value of an instance.
An experienced birth injury attorney will be familiar with the procedure of negotiating and settling claims with insurance adjusters. They will be able to spot a low-ball offer and then use their experience to counter with a fair settlement amount. In some instances the settlement can be reached without the need for court. In some cases, a trial is necessary to get the amount you are due.