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The Benefits of a Birth Injury Settlement

A birth injury claim injury settlement can provide medical treatment that can be costly. The amount you receive may depend on the type of birth injury that your child sustained.

Costs for lifelong care are usually related to severe birth injuries, including cerebral palsy. These expenses are known as economic damages and are not subject to the maximum cap in most states.

Compensation

Medical malpractice laws may hold doctors and nurses liable for Birth Injury Settlement mistakes made during childbirth that have lasting and life-changing effects on the baby or mother. In some cases the court could decide to award compensation for damages, like pain and discomfort or loss of consortium as well as future physical therapy, medical costs and much more.

A birth injury lawsuit may also seek reimbursement for costs that could be avoided had the doctor not committed a malpractice. These include loss of income and decreased earning capacity. Parents who are responsible for their disabled child usually have to quit their jobs, which can result in a significant loss of money. In addition, some birth injuries require expensive equipment or modifications to the home, which could be costly.

Lawyers begin the claim process by sending an initial demand packet to the malpractice insurer of the hospital or doctor and includes a complete description of the injury and all pertinent documents. The insurance company will look over the claim and either accept it or deny it. If the company declines the offer, then lawyers will bring a lawsuit.

Some states have an indemnity fund for birth injury compensation injuries that reduces the amount of medical malpractice premiums or charges charged by doctors of obstetrics. These funds may not cover the cost of a lifetime's medical treatment. In addition they do not stop plaintiffs from seeking monetary awards from other defendants, like the hospital where the malpractice took place.

Expert Witnesses

Medical professionals who are involved in a lawsuit for birth injuries have the duty of care to the mother and child. If the healthcare provider fails to perform this duty, and the result is to injury, they could be held liable for malpractice. Expert witnesses are needed to support this claim. They are usually doctors in the same field or a similar field who can explain in layman's language the standard of practice as well as the reasons why the defendant medical professional violated that standard.

A birth injury lawyer with years of experience will know how to obtain and provide expert witness testimony. They have the knowledge to anticipate and counter the defenses of healthcare providers, so that the claim will be presented in the best way possible.

Your lawyer will help you determine the total amount of your losses and prove that in the court. These include both economic damages and non-economic ones, such as medical expenses such as pain and suffering, lost income.

A reputable birth injury claim injury lawyer is also experienced in negotiating with insurers and knows the tactics they use to convince victims to accept lowball settlement offers. Your lawyer can help you resist these pressures and keep the case moving along until the medical providers or malpractice insurers agree to settle. If they refuse an offer, your lawyer may 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 based on injuries to mothers must be filed within two years of the wrongful act that caused the claim. Birth injury claims based on injuries to the child are generally allowed until the child is age of 10.

To make a convincing argument, you need to prove that the medical professional who treated your child was in violation of the standard of care applicable to him/her. This could require an exhaustive review of medical records, tests, or interviews with other nurses, doctors and hospital staff who were present during the labor and delivery.

Even if you establish that a medical professional erred in their duty to meet the standards of care, it does not mean that you will automatically be able to win your case. You must demonstrate that the breach of duty was responsible for your child's injury. This is known as causation, and is a widely litigated issue in medical malpractice cases.

It is essential to select an attorney who has the resources to build your case and then take it to the process of trial. The lawyer you choose to work with will typically advance the costs of a lawsuit and will only be paid if you are awarded compensation. This lets you concentrate on your child's recovery, and also provides a degree of financial assurance you can rely on in the event of a lengthy long trial.

Time Limits

Every state has a statute or time limit within which you are able to make a claim. This restriction ensures that legal matters are pursued in a timely fashion and as long as evidence in the form of physical evidence is available and the accounts of witnesses remain fresh. For birth injury cases, the statute of limitations is usually two and one-half years from the date of the negligence or mishap.

There are exceptions to this rule for injuries sustained by infants. For instance, New York laws allow for an extended period of limitations for medical malpractice claims on behalf infants, extending the time limit to 10 years from the child's birth.

An experienced birth injury lawyer is well-versed in the specifics of each State's statute of limitation. They will also know about any particular issues associated with a child’s birth injury case. For example, many birth injury cases involve significant economic damages, which include the possibility of losing future income (or loss of life expectation) as well as future and past medical expenses. Economic damages are not subject to caps that are too high which can increase the potential value of the birth injury case.

A good birth injury attorney will be familiar with the process of negotiating and settling claims with insurance adjusters. They will be able to spot a lowball offer and use their specialized experience to counter with a fair settlement amount. In some cases, a settlement may be reached outside of the courtroom. In other instances it is required to get the amount you deserve.