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The Benefits of a Birth Injury Settlement

A settlement for birth injuries may help pay for medical treatments that are often expensive. The amount of compensation you receive will depend on the type of birth injury your child experienced.

Birth injuries that are severe, like cerebral palsy can result in lifelong cost of care. These expenses are known as economic damages, and are not subject to caps on maximum amounts.

Compensation

When doctors and nurses make mistakes during childbirth that cause lasting, life-altering injuries to the injured baby and/or mother or both, they could be held accountable under the laws governing medical malpractice. In some instances the court will award damages for suffering and suffering, loss of consortium, future and past medical bills, physical therapy and more.

A birth injury lawsuit will also seek reimbursement for costs that could have been avoided had the doctor not committed malpractice. This includes lost income and diminished earning capacity. Parents who are forced to take care of their children with disabilities often face significant financial losses. Additionally, some birth injuries require costly equipment and modifications to the home, which could create a lot of expenses.

Lawyers begin the claim process by submitting an initial demand packet to the malpractice insurance company of the doctor or hospital, which includes a detailed description of the accident along with all relevant documents. The insurance company will look over the claim and either accept it or deny it. If the company rejects the claim then lawyers will prepare to file a lawsuit.

Some states have indemnity fund to treat birth injuries, which can reduce the amount of medical malpractice premiums or charges charged by Obstetricians. These funds may not be able to cover the cost of a lifetime's medical treatment. Furthermore they do not stop plaintiffs from seeking monetary awards from other defendants, such as the hospital where the malpractice took place.

Expert Witnesses

Medical professionals who are involved in a lawsuit regarding birth injuries have the duty of care to the mother and child. If the medical professional fails to fulfill this obligation and it leads to injury, they could be held accountable for malpractice. Expert witnesses are required to prove this claim. They are usually doctors from the same or related field, who can explain in layman's terms the standard of practice as well as the reasons why the medical professional who was liable for the malpractice violated the standard.

A birth injury lawyer who has experience will know how to get and give expert witness testimony. They have the knowledge to anticipate and counter defenses of healthcare professionals, so that the claim is presented in the most positive way possible.

Your attorney will also help you to calculate your total losses and prove these in court. These are both economic and non-economic ones, such as medical expenses such as pain and suffering, lost income.

An experienced birth injury attorney is also experienced in negotiating insurance companies and is familiar with the strategies they employ to convince victims to accept low-ball settlement offers. Your attorney can help you resist these pressures and help move the case through until medical providers and malpractice insurance companies agree to accept a settlement. If they do not, your attorney can file a lawsuit to force them to negotiate in good faith.

Statute of Limitations

Parents may file claims on behalf of their children for expenses that result from birth injuries but there are certain deadlines that apply. Medical malpractice claims based upon the mother's injuries are generally filed within two years of the wrongful act that led to the claim. Birth injury claims based upon injuries to children are typically allowed until the child reaches the age of 10.





To prove your argument, you need to prove that the medical professional who treated your child did not adhere to the standards in place. This may mean a thorough examination of medical documents and tests, and it may involve interviewing other nurses, doctors and hospital personnel who observed the birth and labor process.

Even if you prove that a medical professional was unable to meet the standards of care, this does not mean that you automatically be able to win your case. You must also establish that the breach of duty caused the injury of your child. This is referred to as causation and it's a hotly disputable issue in many medical malpractice cases.

It is essential to select an attorney with the resources needed to construct your case, and then go through the trial. The lawyer you choose to work with will typically advance costs associated with litigation, and only get paid if you are awarded compensation. This lets you focus on your child's recovery, and provides a sense of financial security that you can rely on in the event of a lengthy and drawn-out trial.

Time Limits

Each state has a statute of limitations, or time frame within which you must start a lawsuit. This time limit ensures that legal matters are handled quickly, and while evidence and witness accounts are still fresh. In cases involving birth injuries, the statute of limitations is typically 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, permits a longer statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years from the date of birth for the child.

An experienced birth injury attorney will know the specifics of each state's statute of limitations. 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, including future loss of income (or loss of life expectation) and future and past medical expenses. Economic damages are not subject to caps on maximum value and thus increase the potential value of cases involving birth injuries.

A good birth injury attorney will be familiar with the procedure of negotiating and settling claims with insurance adjusters. They will be able to recognize a low-ball offer and utilize their expert experience to counter with an appropriate settlement amount. In some instances the settlement can be reached without the need for court. In other instances it is necessary to receive the amount you deserve.