The Benefits of a Birth Injury Settlement
A birth injury settlement can provide medical treatment which can be expensive. The amount you receive can be contingent upon the type of birth injury that your child sustained.
Lifelong care costs are typically caused by severe birth injuries, including cerebral palsy. These costs are referred to as economic damages, and are not subject to caps on the maximum amount.
Compensation
Medical malpractice laws may hold doctors and nurses liable for errors made during childbirth, which can have permanent and life-altering consequences for the baby or mother. In some cases the court could decide to award compensation for damages, including pain and discomfort, loss of consortium and past and future physical therapy, medical costs, and more.
A birth injury lawsuit also seeks compensation for any other costs that would have been avoided if a doctor did not commit error, such as loss of income or diminished earning capacity. Parents who care for their disabled child often must quit their jobs, which can result in a substantial loss of income. Some birth injuries require expensive equipment or changes to the home. This can lead to high costs.
Lawyers begin the claim process by submitting an initial demand packet 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 reject it. If it declines the offer, attorneys will prepare to bring a lawsuit.
Some states have indemnity fund to treat birth injuries, which can reduce the amount of medical malpractice premiums or charges imposed by Obstetricians. These funds may not be able to cover the cost of a lifetime’s care. Also, they do not stop plaintiffs from seeking financial damages from other defendants like the hospital where the malpractice occurred.
Expert Witnesses
The medical experts involved in a birth injury lawsuit are obligated to the mother and child an obligation to adhere to the accepted standards of care. If a healthcare professional does not fulfill this duty and causes an injury, then they could be held accountable. Expert witnesses are required to support this claim. They are typically doctors from the same or similar field who can explain in plain English the standard of practice as well as the reasons why the defendant medical professional violated the standard.
A skilled birth injury lawsuits injury lawyer knows how to get and present the most expert witness testimony. They also have the ability to anticipate healthcare professionals defenses and counter them so that the claim is presented in the most convincing light.
Your attorney can also help you to calculate your total losses and prove them in court. These include non-economic and economic damages, such as medical bills as well as pain and suffering, loss of enjoyment of life and loss of income.
A reputable birth injury lawyer has also worked with against insurers and is aware of the tactics they use to force victims into accepting low-ball settlement offers. Your attorney can assist you resist these pressures and help move the case forward until the medical professionals’ malpractice insurers agree to accept a settlement. Your attorney may start a lawsuit to force them into negotiations in good faith in the event that they refuse.
Statute of Limitations
There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. Medical malpractice claims that stem from injuries to a mother’s body must generally be filed within two years of the wrongful act which led to the claim. Birth injury claims based upon injuries to children are generally allowed until the child reaches age of 10.
The aim of creating a strong case is to establish that your child’s medical professional violated the applicable standard of care. This may require a thorough examination of medical documents, tests, as well as interviews with other nurses, doctors and hospital personnel who witnessed the labor and delivery.
Even if you show that a medical professional failed to provide the required care, this doesn’t mean that you automatically be able to win your case. You must prove that the breach of duty directly led to the injuries to your child. This is known as causation and it is a hotly disputable issue in many medical malpractice cases.
Selecting an attorney who has the resources to construct your case and go through trial is essential. Your lawyer will typically pay for the costs of litigation and only get paid if they are able to recover compensation for you. This allows you to concentrate on your child’s recovery, and it provides a level of financial assurance you can rely on in the event of a long, long-running trial.
Time Limits
Each state has its own statute or time period within which you may bring a lawsuit. This limits the timeframe to ensure that legal issues are dealt with in a timely fashion and when evidence from the physical remains accessible and witnesses’ statements remain fresh. The statute of limitations for birth injury cases is typically two-and-a-half years after the date of when negligence or malpractice occurred.
There are exceptions for injuries suffered by infants. For instance, New York laws allow for a longer statute of limitations for medical malpractice claims on behalf a child, extending the time limit to 10 years from the birth of the child.
An experienced attorney for birth injuries will know the specifics of each state’s statute of limitation. They will also be aware of any particular requirements that apply to a child’s birth injury case. Many birth injuries cases result in significant economic damages. This includes future loss of income, or the loss of life expectancy, and past and future medical costs. Economic damages don’t have a limit on their value, which increases the value of a case.
A skilled birth injury lawyer will be adept in the art of dealing with insurance adjusters. They will be able recognize an offer for settlement that is low and respond with an amount that is fair. In some cases there may be a settlement reached without the need for court. In certain situations there is a need for trial in order to secure the amount you are due.
