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The Benefits of a Birth Injury Settlement

A birth injury settlement can help cover medical treatments that can be costly. The amount you receive may depend on the kind of birth injury that your child sustained.

Cerebral palsy often result in lifetime expenses for care. These expenses are known as economic damages and aren't subjected the maximum cap in most states.

Compensation

If doctors or nurses make mistakes during childbirth that lead to permanent, life-changing consequences for the baby or mother and/or father, they could be held accountable under the laws on medical malpractice. In some cases the court will award compensation for damages like pain and suffering, loss of consortium, future and past physical therapy, medical bills and more.





A birth injury lawsuit also seeks compensation for any other costs which could have been avoided if a doctor had not committed negligence, like lost income or reduced earning capacity. Parents who are forced to care for their children who are disabled often suffer significant financial losses. Some birth injuries also require expensive equipment or adjustments to the home. This can result in costly expenses.

Lawyers begin the claims process by submitting a first demand packet to the malpractice insurer of the hospital or doctor that includes a thorough description of the accident and all relevant documents. The insurance company will then review the claim and decide whether to accept or deny it. If it declines the offer the lawyers will be preparing to make a claim.

Certain states have indemnity funds for birth injuries, which decrease the amount of medical malpractice insurance premiums, or fees, charged to obstetricians. These funds may not cover the cost of a lifetime's medical treatment. Also, they do not stop plaintiffs from seeking financial damages from other defendants such as the hospital in which the malpractice occurred.

Expert Witnesses

The medical experts involved in a birth injury lawsuit have a duty to the mother and baby the obligation of adhering to their profession's accepted standard of care. If the healthcare provider fails to meet this duty, and the result is to an injury, they could be held accountable for their actions. Expert witnesses are needed to support this claim. They are typically doctors in the same or similar field, who can explain in layman's language the standard of practice and how the medical professional who was liable for the malpractice breached that standard.

An experienced birth injury lawyer knows how to secure and present the most expert witness testimony. They have the knowledge to anticipate and counter the defenses of healthcare providers, to ensure that the case can be presented in the most favorable way possible.

Your attorney will help you determine the total amount of your losses and then prove it in court. These include non-economic and economic damages, such as medical bills along with pain and suffering, loss of enjoyment and loss of income.

A good birth injury attorney is also experienced in negotiating against insurers and is aware of the strategies they employ to convince victims to accept low-ball settlement offers. Your attorney can help resist these pressures and keep your case moving until the malpractice insurers of the medical professionals agree to accept a settlement. If they do not an offer, your lawyer may start a lawsuit to compel them to negotiate in good faith.

Statute of Limitations

There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. For instance, medical negligence claims based on injuries sustained by the mother must generally be filed within two years from the date of the negligent act or omission leading to the claim. Birth injury claims based on injuries to the child are typically allowed until the child reaches age of 10.

The aim of creating an evidence-based case is to establish that the medical professional treating your child did not follow the appropriate standard of care. This could require an exhaustive review of medical records, tests, and interviews with other doctors, nurses and hospital personnel who were present during the labor and delivery.

Even if you prove that a medical professional erred in their duty to uphold the standard of care, this doesn't mean that you will automatically be able to win your case. You must demonstrate that the breach of duty was responsible for the injury of your child. This is known as causation, and is a widely debated issue in medical malpractice cases.

It is important to choose an attorney who has the resources necessary to build your case and, after that, go through the process of trial. Your lawyer will typically advance lawsuit expenses and will only be paid if they get compensation for you. This allows you to focus your attention on your child's healing and provides financial security in the event of a lengthy trial.

Time Limits

Each state has a statute or time limit within which you can start a lawsuit. This limitation ensures that legal proceedings are handled promptly and even if physical evidence is accessible and the testimony of witnesses remain fresh. For birth injuries the statute of limitations is usually two and two-and-a-half years from date of the negligence or mishap.

There are exceptions to this rule for injuries sustained by infants. New York law, for instance, allows for an extended statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years from the child's date of birth.

An experienced birth injury lawyer will be well-versed in the specifics of the statute of limitation in each state. They will also know about any particular considerations related to a child's birth injury case. For instance, many birth injuries involve substantial economic damages, which include the possibility of losing future income (or loss of life expectation) and future and past medical expenses. Economic damages do not have a limit on their value and can be a significant factor in the value of the case.

A skilled birth injury lawyer will be proficient in the process of dealing with insurance adjusters. They will be able to spot a lowball settlement offer and respond with an amount that is fair. In some cases the settlement can be reached outside of the courtroom. In other cases the court trial could be required to get the compensation you deserve.