The Benefits of a Birth Injury Settlement
A settlement for birth injuries can help cover medical treatments that can be costly. The amount of compensation you receive could be contingent on the kind of birth injury your child experienced.
Birth injuries that are severe, like cerebral palsy typically result in lifelong cost of care. These costs are referred to as economic damages and are not subject to maximum caps.
Compensation
When nurses and doctors make mistakes during childbirth that result in permanent, life-altering consequences for the baby or birth Injury mother or both, they could be held liable under the laws on medical malpractice. In certain cases the court will award compensation for damages, such as pain and suffering, loss of consortium, past and future medical bills, physical therapy and more.
A birth injury lawsuit can also seek reimbursement for other costs that would be avoided if the doctor did not commit malpractice, such as lost income or decreased earning capacity. Parents who care for their disabled child frequently have to quit their jobs, which can result in significant financial losses. In addition, some birth injuries require expensive equipment or modifications to the home, which could add up to high expenses.
Lawyers begin the claim process by submitting an initial demand form to the malpractice insurer of the doctor or hospital with a full description of the injury as well as all relevant records. The insurance company will then look over the claim and either accept it or deny it. If the insurance company declines the offer, then lawyers will make a claim.
Some states have an indemnity fund for birth injuries which decreases the amount of medical malpractice fees or charges charged by Obstetricians. However, these funds may not be sufficient to cover a lifetime of care. Furthermore they do not stop plaintiffs from seeking monetary awards from other defendants, like the hospital where the negligence occurred.
Expert Witnesses
The medical experts involved in a birth injury lawsuit are obligated to the mother and child the obligation of following the accepted standards of care. If a healthcare professional does not fulfill this duty and causes an injury, they could be held accountable. To prove this, you need expert witnesses, typically physicians who practice in the same or similar field who can explain the standard of practice in layman’s terms and the way in which the medical professional breached that standard.
An experienced birth injury lawyer will know how to secure and present the most credible expert witness testimony. They also have the experience to anticipate the healthcare providers defenses and rebut them in a way that the case is presented in the strongest light.
Your attorney will help determine the total amount of your losses and prove the amount in court. These include both economic and non-economic damages, such as medical bills as well as pain and suffering, loss of enjoyment of life and lost income.
A skilled birth injury lawyer is also adept at dealing with insurance companies, and knows the tactics that insurers use to force victims into accepting low-cost offers. Your attorney can help resist these pressures, and help keep your case moving until the malpractice insurance companies of the medical professionals agree to settle. If they don’t to settle, your lawyer can make a claim to force them to negotiate in good faith.
Statute of Limitations
There are strict deadlines for filing claims on behalf of children who suffered birth injuries. Medical malpractice claims that stem from injuries to a mother must be filed within two years of the negligence that caused the claim. Birth injury claims based upon injuries to children are generally permitted until the child reaches the age of 10.
To establish a solid case, you must establish that the medical professional who treated your child was in violation of the lawful standard. This could mean an extensive review of medical documents, tests, and interviews with other doctors, nurses and hospital personnel who witnessed the birth and labor.
Even if you show that a medical professional was unable to uphold the standard of care, this does not mean that you will automatically be able to win your case. You must also demonstrate that the breach of duty led to the injury to your child. This is known as causation and is a hotly debated issue in medical malpractice cases.
Selecting an attorney who has the resources to construct your case and take it to trial is crucial. The lawyer you choose will usually charge you for lawsuit expenses, and only be paid if you get compensation for you. This allows you to focus on the recovery of your child, and provides a sense of financial security that you can rely on in the event of a lengthy, long trial.
Time Limits
Each state has its own statute of limitations, also known as a timeframe within which you are required to start a lawsuit. This limit ensures that legal issues are dealt with in a timely manner and as long as evidence in the form of physical evidence is available and the accounts of witnesses remain fresh. For birth injuries the statute of limitation is usually two and two-and-a-half years from date of the negligence or mishap.
However there are exceptions for injuries suffered by infants. For instance, New York laws allow for a longer statute of limitations for medical malpractice claims made on behalf of infants, extending the deadline to 10 years after the birth of the child.
A skilled birth injury lawyer will be familiar with the specifics of each state’s statute of limitation. They also know any particular issues related to a child’s birth injury case. For example, many birth injuries are accompanied by significant economic damages. These include future lost income (or loss of life expectancy) and past and future medical expenses. Economic damages don’t have a maximum cap and can be a significant factor in the value of an instance.
A good birth injury lawyer will be experienced in the process of dealing with insurance adjusters. They’ll be able to spot a lowball offer and use their specialized experience to counter with an acceptable amount of settlement. In some cases there may be a settlement reached outside of the courtroom. In other instances trials may be necessary to receive the compensation you deserve.