9 Things Your Parents Taught You About Birth Injury Claim

The Benefits of a Birth Injury Settlement

A birth injury settlement can provide medical treatment that can be costly. The amount of compensation you receive will be contingent on the severity and type of the birth injury your child was injured.

Lifelong care costs are typically due to serious birth injuries, like cerebral palsy. These expenses are known as economic damages, and are not subject to maximum caps.

Compensation

If nurses or doctors make mistakes during childbirth that lead to lasting, life-altering injuries to the injured baby and/or mother, they may be held liable under the law of medical malpractice. In some instances, the court may give compensation for the damages, such as discomfort and pain or loss of consortium as well as past and future physical therapy, medical expenses and more.

A birth injury lawsuit may also seek compensation for the costs that could have been avoided if the doctor not committed malpractice. This could include lost income and decreased earning capacity. Parents who are responsible for their disabled child usually have to leave their jobs, which can result in a substantial loss of income. Additionally, some birth injuries require expensive equipment and modifications to the home, which can result in high costs.

Lawyers usually start the claims process by sending demand packages to the hospital's doctor or malpractice insurer, which includes a detailed statement of the incident and all relevant records. The insurance company will examine the claim and either accept it or reject it. If they reject the offer, attorneys will prepare to file a lawsuit.

Some states have indemnity insurance funds for birth injuries. These funds can reduce the amount of medical malpractice insurance premiums or fees charged to doctors of obstetrics. However, these funds might not be enough to provide a lifetime of medical care. In addition they don't stop plaintiffs from seeking compensation from other defendants, like the hospital where the malpractice occurred.

Expert Witnesses

The medical experts involved in a birth injury lawsuit have a responsibility to the mother and child the obligation of following the accepted standards of care. If the healthcare provider is not able to meet this obligation and the result is an injury, then they may be liable. Expert witnesses are required to prove this claim. They are usually doctors working in the same or the same field, who can explain in layman's language the standard of practice and the way in which the medical professional who was liable for the malpractice violated the standard.

A skilled birth injury lawyer knows how to secure and present the best expert witness testimony. They are able to anticipate and combat the defenses of healthcare professionals, to ensure that the case can be presented in the most positive way possible.

Your lawyer can also assist you to calculate your total losses, and to prove these in the court. These include non-economic and economic damages, like medical bills, pain and suffering, loss of enjoyment and lost income.

A reputable birth injury lawyer is also proficient in dealing with insurance companies, and knows the tactics that insurance companies often employ to press victims into accepting lower-priced offers. Your lawyer can help you resist these pressures and keep the case moving forward until the medical professionals or malpractice insurers agree to settle. Your lawyer may start a lawsuit to force them into negotiations in good faith if they refuse.

Statute of limitations

Parents can file claims on behalf of their children to cover expenses that result from birth injuries but there are strict deadlines that must be met. For instance, medical malpractice claims stemming from injuries to mothers generally need to be filed within two years from the date of the negligent act or omission that led to the claim. Birth injury claims based on injuries to the child are typically allowed until the child is age of 10.

To establish a solid case, you must establish that the medical professional who treated your child did not adhere to the applicable standard. This could mean an extensive review of medical documents, tests, and interviews with other doctors, nurses and hospital personnel who were present during the birth and labor.

Even if you show that a medical professional failed to meet the standards of care, it does not mean that you will automatically win your claim. It is also necessary to prove that this breach of duty directly led to your child's injuries. This is called causation, and it's a hotly debated topic in a variety of medical malpractice cases.

Choosing an attorney that has the resources to build your case and get through trial is essential. Your lawyer will typically cover the costs of a lawsuit and will only be paid if you receive compensation. This allows you to concentrate on your child's rehabilitation and also provides a degree of financial assurance you can rely on in the event of a lengthy and long-running trial.

Time Limits

Each state has its own statute of limitations, or time frame within which you have to file a lawsuit. This limits the timeframe to ensure that legal issues are dealt with promptly and as long as evidence in the form of physical evidence is available and witnesses' accounts remain fresh. The time limit for birth injury cases is typically two and a half years from the date on which negligence or a mistake occurred.

However, there are exceptions for injuries sustained by infants. For instance, New York laws allow for an extended time of limitations for medical malpractice claims brought on behalf of children, and extend the deadline to 10 years following the child's birth.

An experienced birth injury lawyer will be familiar with the specifics of the statute of limitations for each state. They also know about any special considerations that are relevant to a child's birth injury case. For instance, a large number of birth injuries are accompanied by significant economic damages, such as future loss of income (or loss of life expectation) as well as future and past medical expenses. Economic damages are not subject to caps that are too high, which increases the potential value of an injury case.

A reputable birth injury lawyer 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 then use their experience to counter-offer with an acceptable amount of settlement. In some instances it is possible to have a settlement reached outside of court. In certain cases there is a need for trial to receive the compensation you deserve.