The Benefits of a Birth Injury Settlement
Settlements for birth injuries can help pay for medical treatments which can be expensive. The amount of compensation you receive will be contingent on the severity and type of the birth injury your child was injured.
Costs for lifelong care are usually related to severe birth injuries, such as cerebral palsy. These expenses are called economic damages and are not subject to caps on the maximum amount.
Compensation
When doctors and nurses make mistakes during childbirth that cause lasting, life-altering injuries to the injured baby and/or mother and/or mother, they could be held liable under the laws governing medical malpractice. In some cases, the court may make a payment for damages such as pain and discomfort as well as loss of consortium, future physical therapy, medical costs and much more.
A birth injury lawsuit will also seek reimbursement for expenses that could be avoided had the doctor not committed malpractice. This includes lost income and reduced earning capacity. Parents who are forced to care for their disabled children typically face significant financial losses. Additionally, some birth injuries require expensive equipment and adjustments to the home, which could create a lot of expenses.
Lawyers begin the claim process by submitting an initial demand package to the malpractice insurer of the hospital or doctor with a full description of the injury and all relevant records. The insurance company will then review the claim and either accept or deny it. If the insurance company declines the offer, then lawyers will bring a lawsuit.
Some states have indemnity insurance funds for birth injuries. These funds reduce the amount of medical malpractice insurance premiums or fees charged to doctors who specialize in obstetrics. However, these funds might not be sufficient to provide for a lifetime of healthcare. They also don't prevent plaintiffs seeking monetary damages from other defendants, like the hospital in which the negligence occurred.
Expert Witnesses
The medical experts involved in a lawsuit involving birth injuries are obligated to the mother and child the obligation of adhering to their profession's accepted standard of care. If the healthcare provider fails to meet this duty and leads to an injury, they could be held accountable for malpractice. Expert witnesses are needed to prove this claim. They are typically doctors in the same field or a similar field, who can describe in plain English the standard of practice and how the medical professional who was liable for the malpractice violated the standard.
A skilled birth injury lawyer knows how to secure and present the most reliable expert witness testimony. They also have the expertise to anticipate the healthcare providers defenses and counter them so that the claim is presented in its strongest light.
Your attorney can also help you to calculate your total losses and demonstrate that they are there in court. These include non-economic and economic damages, like medical bills or pain and suffering loss of enjoyment, and lost income.
A skilled birth injury lawyer is adept at negotiating with insurance companies and is aware of the tactics insurance companies often employ to press victims into accepting low-cost offers. Your lawyer can help you resist these pressures, and help keep your case moving until the malpractice insurers of the medical professionals agree to accept a settlement. If they refuse to settle, your lawyer can make a claim to force them to negotiate in good faith.
Statute of limitations
Parents may make claims on behalf of their children to cover expenses resulting from birth injuries, but there are strict deadlines that apply. For instance, medical negligence claims stemming from injuries to the mother are generally filed within two years of the date of the negligent act or omission leading to the claim. In contrast, birth injury claims based on injuries to the child can typically be filed as long as the child is 10.
The aim of creating an evidence-based case is to prove that your child's medical professional did not follow the appropriate standard of care. This may require a thorough review of medical records, tests, and interviews with other nurses, doctors and hospital staff who were present during the labor and delivery.
It is not a guarantee that you will be successful in a claim if prove that a medical professional did not meet the standards of care. You also need to show that the breach of duty directly led to your child's injuries. This is called causation, and is a hotly disputable issue in many medical malpractice cases.
It is crucial to select an attorney with the resources necessary to build your case and then proceed to the trial. The lawyer you choose to work with will typically advance costs associated with litigation, and only get paid if you get compensation. This lets you focus your attention on your child's healing and also provides financial security in the event of an extended trial.
Time Limits
Each state has a statute or time limit within which you can start a lawsuit. This limit ensures that legal matters are pursued in a timely manner, and as long as evidence in the form of physical evidence is accessible and witnesses' statements remain fresh. For birth injury cases, the statute of limitations is typically two and two-and-a-half years from date of negligence or malpractice.
There are some exceptions to this rule for injuries sustained by infants. New York law, for instance, allows for an extended time frame on medical malpractice claims for children. The deadline is extended to 10 years following the date of
birth injury lawsuits.
A skilled birth injury lawyer will be familiar with the specifics of each state's statute of limitations. They also will be aware of any particular considerations relevant to a child's birth injury case. For instance, a large number of birth injury cases involve significant economic damages, such as future loss of income (or loss of life expectancy) and future and past medical expenses. Economic damages don't have a maximum amount, which increases the value of an instance.
A good
birth injury lawyer will be well versed in the process of negotiating with insurance adjusters. They'll be able to recognize a low-ball offer and then use their experience to counter-offer with an acceptable amount of settlement. In some cases, a settlement may be reached without the need for the courtroom. In certain situations, a trial is necessary to get the amount you are due.