10 Things That Your Family Taught You About Birth Injury Claim

The Benefits of a Birth Injury Settlement

A birth injury settlement can aid in the payment of medical expenses that can be costly. The amount of compensation you receive can be contingent upon the kind of birth injury your child suffered.

Costs for lifelong care are usually associated with severe birth injuries, such as cerebral palsy. These expenses are known as economic damages, and are not subject to caps on maximum amounts.

Compensation

When nurses and doctors make mistakes during childbirth which cause permanent, life-altering consequences for the baby or mother who has been injured and/or mother, they could be held accountable under the laws on medical malpractice. In some cases the court could award compensation for damages, including pain and discomfort, loss of consortium and past and future physical therapy, injury medical costs, and more.

A birth injury lawsuit can also seek compensation for other costs that could have been avoided if the doctor had not committed negligence, like lost income or a diminished earning capacity. Parents who have to care for their disabled child frequently have to quit their jobs, resulting in significant financial losses. Some birth injuries require expensive equipment or adjustments to the home. This can lead to costly expenses.

Lawyers usually start the claims process by sending a demand package to the hospital's doctor or malpractice insurance company, which includes details of the incident and any relevant medical records. The insurance company will look over the claim and either accept it or deny it. If it declines the offer, attorneys will prepare to bring a lawsuit.

Some states have indemnity funds for birth injuries, which lower 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. Furthermore, they do not prevent plaintiffs from seeking monetary compensation from other defendants, like the hospital where the negligence occurred.

Expert Witnesses

Medical professionals involved in a lawsuit involving birth injuries have a duty of care to the mother and child. If the healthcare provider is not able to meet this obligation and results in an injury, then they could be held responsible. Expert witnesses are needed to prove this claim. They are typically doctors in the same or a similar area, who are able to explain in plain language the standards of practice and the way in which the medical professional who was liable for the malpractice violated that standard.

An experienced birth injury lawyer will know how to obtain and present the most expert witness testimony. They also have the ability to anticipate healthcare professionals' defenses and rebut them in a way that the case is presented in the most favorable light.

Your lawyer will help you determine the total value of your losses, and will prove that in court. These are both economic and non-economic ones, such as medical expenses or pain and suffering as well as loss of income.

A skilled birth injury lawyer is also proficient in dealing with insurance companies, and is aware of the tactics insurers use to force victims into accepting low-cost offers. An attorney can assist you resist these pressures and help move the case along until the medical providers or malpractice insurers agree to settle. If they don't to settle, your lawyer can start a lawsuit to compel them to negotiate in good faith.

Statute of limitations

Parents can make claims on behalf of their children for costs due to birth injuries, however, there are strict deadlines that must be adhered to. Medical malpractice claims based upon injuries to a mother's body must be filed within two-years of the negligent act that led to the claim. Birth injury claims based upon injuries to the child are typically allowed until the child attains the age of 10.

To prove your case, you have to establish that the medical professional who treated your child did not adhere to the applicable standard. This may involve a lengthy review of medical records and tests, and it may involve interviewing other nurses, doctors and hospital staff who observed the birth and labor process.

Even if you show that a medical professional did not to meet the standard of care, it does not mean that you automatically be able to win your case. You must also prove that the breach of duty directly led to your child's injuries. This is known as causation and is an extremely debated issue in medical malpractice cases.

Choosing an attorney with the resources to construct your case and to go through trial is essential. Your lawyer is likely to pay for the costs of litigation and only be paid if they recover compensation for you. This lets you focus your attention on the healing process of your child and offers financial security in the event of an extended trial.

Time Limits

Each state has its own statute of limitations, or timeframe within which you can start a lawsuit. This limits the timeframe to ensure that legal proceedings are handled in a timely fashion and as long as evidence in the form of physical evidence is available and witnesses' accounts remain fresh. In cases involving birth injuries the statute of limitation is usually two and a half years from the date of the negligence or mishap.

There are exceptions for infants who suffer injuries. For instance, New York laws allow for an extended statute of limitations for medical malpractice claims brought on behalf of children, injury which extends the time limit to 10 years following the birth of the child.

An experienced birth injury attorney will know the particulars of each state's statute of limitations. They also know any particular issues relevant to a child's birth injury case. A majority of birth injury cases involve significant economic damages. These include future lost income, or loss of life expectancy as well as the future and past medical costs. Economic damages are not subject to caps on maximum value, which increases the potential value of a birth injury case.

A skilled birth injury lawyer will be well versed in the process of negotiating with insurance adjusters. They will be able to spot the low-ball settlement offer and respond with an acceptable amount. In certain situations, a settlement may be reached outside of the courtroom. In some cases, a trial is necessary to get the compensation you're entitled to.