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The Benefits of a Birth Injury Settlement

A settlement for a birth injury can aid in the payment of medical expenses that can be costly. The amount you receive could be contingent on the type of birth injury your child experienced.

Cerebral palsy often result in lifetime expenses for care. These expenses are known as economic damages, and they are not subject to caps on the maximum amount.

Compensation

When nurses and doctors make mistakes during childbirth that cause lasting, life-altering injuries to the baby or mother who has been injured or both, they could be held accountable under the laws on medical malpractice. In some instances, the court may make a payment for damages like pain and discomfort, loss of consortium and past and future physical therapy, medical expenses and more.

A birth injury lawsuit can also seek compensation for other expenses that could be avoided if the doctor did not commit malpractice, such as lost income or a diminished earning capacity. Parents who are responsible for their disabled child typically must quit their jobs, resulting in significant financial losses. In addition, some birth injuries require expensive equipment or modifications to the home, which can add up to high expenses.

Lawyers typically begin the claim process by submitting demand packages to the hospital's doctor or malpractice insurance company, which includes an exhaustive description of the injuries and all relevant documentation. The insurance company will look over the claim and either accept or deny it. If the insurance company rejects the offer, attorneys will bring a lawsuit.

Some states have indemnity funds for birth injuries. These funds reduce the amount of medical malpractice insurance premiums, or fees, charged to obstetricians. However, these funds might not be enough to provide a lifetime of medical care. Additionally, they do not prevent plaintiffs from seeking monetary awards from other defendants, for instance, the hospital where the negligence took place.

Expert Witnesses

The medical professionals involved in a birth injury lawsuit owe the mother and child the obligation of following the accepted standards of care. If a healthcare professional fails in this duty and the result is an injury, then they could be held responsible. Expert witnesses are needed to prove this claim. They are usually doctors working in the same or similar field, who can describe in layman's language the standard of practice and how the defendant medical professional violated the standard.

A skilled birth injury lawsuits injury lawyer will know how to obtain and present the most expert witness testimony. They also have the ability to anticipate the healthcare providers defenses and rebut them in a way that the case is presented in the most convincing light.

Your lawyer will also assist you to calculate your total losses and prove these in court. These include both economic and non-economic damages, such as medical bills or pain and suffering loss of enjoyment, and lost income.

An experienced birth injury attorney is also adept at negotiating insurance companies and is familiar with the tactics they use to convince victims to accept settlements that are low-cost. Your attorney can help you resist these pressures and keep the case moving along until the medical providers' malpractice insurers agree to settle. 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 suffered birth injuries. For instance, medical negligence claims based upon injuries to the mother must generally be filed within two years from the date of the negligent act or omission that gave rise to the claim. Birth injury claims based upon injuries to children are generally permitted until the child is age of 10.

The goal of building solid evidence is to establish that the medical professional who treated your child violated the applicable standard of care. This may require a thorough review of medical documents, tests, and interviews with other doctors, nurses, and hospital staff who were present during the labor and delivery.

Even if you show that a medical professional erred in their duty to meet the standard of medical care, that does not mean that you automatically be able to win your case. You must also prove that the breach of duty caused the injury to your child. This is known as causation and is a highly contested issue in medical malpractice cases.

Choosing an attorney that has the resources to build your case and get through trial is crucial. Your lawyer is likely to advance lawsuit expenses and will only be paid if they are able to recover compensation for you. This lets you concentrate your attention on the healing of your child and also provides financial security in the event of a prolonged trial.

Time Limits

Each state has its own statute of limitations, also known as a timeframe within which you can make a claim. This is to ensure that legal issues are dealt with quickly, while evidence and witness accounts are still fresh. For birth injuries the statute of limitation is typically two and half years from date of negligence or malpractice.

However there are exceptions for injuries suffered by infants. For instance, New York laws allow for an extended period of limitations for medical malpractice claims on behalf of children, and extend the deadline to 10 years from the child's birth.

An experienced birth injury lawyer will know the particulars of the statute of limitations for each state. They will be aware of any special concerns that arise from cases involving birth injuries for children. For instance, many birth injury cases result in significant economic damages. These include future loss of income (or loss of life expectation) as well as future and past medical expenses. Economic damages do not have a maximum amount which can increase the value of the case.

A good birth injury lawyer is experienced in the process of dealing with insurance adjusters. They will know how to spot a low-ball offer and use their specialized experience to counter with an acceptable amount of settlement. In certain situations the settlement can be reached outside of court. In other instances, a trial may be required to get the compensation you deserve.