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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 depend on the nature and severity of the birth injury your child was injured.

Costs for lifelong care are usually related to severe birth injuries, such as cerebral palsy. These costs are known as economic damages and aren't subjected to caps on maximum amounts in many states.

Compensation

Medical malpractice laws may hold nurses and doctors accountable for errors made during childbirth that can have lasting and life-altering consequences for the baby or mother. In certain cases, the court may give compensation for the damages, like pain and discomfort or loss of consortium as well as future physical therapy, medical costs, and more.

A birth injury lawsuit may also seek compensation for other costs that could have been avoided if the doctor did not commit negligence, like lost income or decreased earning capacity. Parents who must care for their disabled children typically face significant financial losses. Some birth injuries also require expensive equipment or changes to the home. This can result in significant costs.

Lawyers typically begin the claims process by sending a demand package to the doctor or hospital's malpractice insurance company, which includes details of the injury as well as all relevant records. The insurance company will then look over the claim and either accept or reject it. If they reject the offer the lawyers will be preparing to start a lawsuit.

Some states have an indemnity fund for birth injuries, which reduces the amount of medical malpractice insurance or fees charged by Obstetricians. These funds may not be able to cover the costs of a lifetime's worth of care. Furthermore, they do not prevent plaintiffs from seeking monetary compensation from other defendants like the hospital where the negligence occurred.

Expert Witnesses

The medical experts involved in a lawsuit involving birth injuries owe the mother and child the obligation of adhering to their profession's accepted standard of care. If the medical professional fails to fulfill this duty and it leads to injury, they could be held accountable for their actions. Proving this claim requires expert witnesses, typically physicians from the same or a similar field who can explain the rules of practice in plain language and the way in which the medical professional violated the standard.

A skilled birth injury lawyer will know how to secure and present the most credible expert witness testimony. They also have the knowledge to anticipate the healthcare providers defenses and counter them to ensure that the claim is presented in the most convincing light.

Your lawyer will also assist you to determine your total losses and demonstrate your case in court. These are both economic and non-economic ones like medical expenses as well as pain and suffering, and loss of income.

A skilled birth injury lawyer is proficient in negotiation with insurance companies and knows the tactics that insurance companies often employ to press victims into accepting lowball offers. Your attorney can help you resist these pressures and help move the case ahead until the medical practitioners and malpractice insurance companies agree to accept a settlement. If they don't an offer, your lawyer may file a lawsuit to force them to negotiate in good faith.

Statute of Limitations

Parents may claim on behalf of their children to cover expenses resulting from birth injuries, but there are certain deadlines that apply. For example, medical malpractice claims based upon injuries to mothers generally need to be filed within two years from the date of the negligent act or omission leading to the claim. Birth injury claims based upon injuries to children are typically allowed until the child reaches age of 10.

To prove your case, you must prove that the medical professional who treated your child violated the applicable standard. This could mean a thorough examination of medical documents, tests, and interviews with other doctors, nurses and hospital personnel who were present during the birth and labor.

You will not automatically be successful in a claim if prove that the medical professional was not up to the standard of care. You must establish that the breach of duty caused the injury of your child. This is known as causation, and is a widely litigated issue in medical malpractice cases.

Selecting an attorney with the resources to build your case and to go through trial is essential. Your lawyer will typically cover the costs of a lawsuit and will only be paid when you receive compensation. This lets you concentrate on the recovery of your child, and provides a sense of financial security you can count on in the event of a long, long trial.

Time Limits

Each state has its own statute of limitations, or timeframe within which you can bring a lawsuit. This limit ensures that legal cases are pursued in a timely manner, and as long as evidence in the form of physical evidence is available and witnesses' accounts remain fresh. For birth injuries the statute of limitations is usually two and two-and-a-half years from date of negligence or malpractice.

There are exceptions to this rule for injuries suffered by infants. New York law, for example, permits an extended statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years after the date of birth.

An experienced birth injury lawyer will be aware of the specifics of the statute of limitations in each state. They will also be aware of any unique aspects that are relevant to a child's birth injury case. Many birth injury cases include significant economic damages. This includes future loss of income, or loss of life expectancy, as well as the future and past medical costs. Economic damages are not subject to caps on maximum amounts, which increases the potential value of a birth injury case.

An experienced birth injury attorney is familiar with the process of negotiating and settlement claims with insurance adjusters. They'll be able to spot a low-ball offer and birth injuries make use of their expertise to counter-offer an appropriate settlement amount. In some cases settlements can be reached without the need for court. In other cases trials may be necessary to receive the compensation you deserve.