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The Benefits of a Birth Injury Settlement

A settlement from a birth injury could aid in the payment of medical expenses which can be expensive. The amount of compensation you receive can be contingent upon the type of birth injury your child suffered.

Birth injuries that are severe, like cerebral palsy often result in lifetime medical costs. These expenses are called economic damages, and are not subject to maximum caps.

Compensation

When doctors and nurses make mistakes during childbirth that cause permanent, life-altering consequences for the baby and/or mother and/or father, they could be held accountable under medical malpractice laws. In some instances, the court may make a payment for damages such as discomfort and pain, loss of consortium and future physical therapy, medical costs and much more.

A birth injury lawsuit could also seek reimbursement for costs that could have been avoided if the doctor not committed malpractice. This could include lost income and a diminished earning capacity. Parents who have to care for their disabled child often need to quit their jobs, which can result in significant financial losses. In addition some birth injuries require expensive equipment and adjustments to the home, which could result in high costs.

Lawyers usually start the claim process by submitting an application to the hospital's doctor or malpractice insurance company, which includes an extensive description of the incident and any relevant medical records. The insurance company will look over the claim and either accept it or deny it. If they reject the offer, attorneys will prepare to start a lawsuit.

Some states have indemnity fund for birth injuries that reduces the amount of medical malpractice premiums or fees charged by obstetricians. These funds may not be able to cover the cost of a lifetime's care. In addition they don't stop plaintiffs from seeking financial compensation from other defendants, like the hospital where the negligence took place.

Expert Witnesses

The medical professionals involved in a birth injury lawsuit have a responsibility to the mother and child the obligation of adhering to the accepted standards of care. If the healthcare provider does not meet their obligation, and it results in an injury, they could be held responsible. Expert witnesses are needed to prove this claim. They are typically doctors working in the same or a similar area, who are able to explain in plain English the standard of practice and explain how the medical professional who was liable for the malpractice violated that standard.

A skilled birth injury lawyer will know how to obtain and present the best expert witness testimony. They have the knowledge to anticipate and fight the defenses of healthcare professionals, so that the case will be presented in the most favorable way possible.

Your attorney will also help you to calculate your total losses, and to prove your case in court. These include non-economic and economic damages, including medical bills or pain and suffering loss of enjoyment of life, and lost income.

A reputable birth injury lawyer is also adept at negotiation with insurance companies and is aware of the tactics insurers often employ to pressure victims into accepting lowball offers. Your lawyer can help you resist these pressures, and keep the case moving until the malpractice insurance companies of the medical professionals agree to settle. If they don't the offer, your attorney may bring a lawsuit 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. For example, medical malpractice claims based on injuries sustained by mothers generally need to be filed within two years from the date of the negligent act or omission that gave rise to the claim. Contrarily birth injury claims based on injuries sustained by the child are typically filed as long as the child is 10.





To build a strong case, you must prove that the medical professional who treated your child did not adhere to the standards in place. This could require a thorough examination of medical records, tests, or interviews with other doctors, nurses and hospital staff who were present during the birth and labor.

Even if you establish that a medical professional did not to meet the standards of care, this does not mean that you automatically win your claim. You must prove that the breach of duty was responsible for the injury of your child. This is known as causation and it is a highly contested issue in many medical malpractice cases.

Selecting an attorney with the resources to construct your case and get through trial is essential. Your lawyer will typically advance lawsuit expenses and will only be paid when they recover compensation for you. This lets you focus on your child's rehabilitation and it provides a level of financial assurance you can rely on in the event of a lengthy and long-running trial.

Time Limits

Each state has its own statute or time limit within which you can start a lawsuit. This is to ensure that legal issues are addressed swiftly, while evidence and witness reports are fresh. In cases involving birth injuries the statute of limitation is usually two and a half years from the date of the accident or negligence.

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

A skilled birth injury lawyer is aware of the specifics of the statute of limitations for each state. They'll be aware of any specific aspects that are relevant to the case of a child's birth injury. For example, many birth injuries involve substantial economic damages. These include future lost income (or loss of life expectancy) as well as future and past medical expenses. Economic damages are not subject to caps on maximum value which increase the potential value of cases involving birth injuries.

A reputable birth injury lawyer will be experienced in the process of negotiating with insurance adjusters. They'll know how to spot a low-ball offer and use their specialized expertise to counter-offer a fair settlement amount. In some instances it is possible to settle without the need for court. In some instances, a trial is necessary to ensure you receive the compensation you're entitled to.