Birth injury malpractice claims are more intricate than common personal injury claims. These cases come with unique requirements from one place to another.
In Delaware, for example, its Medical Malpractice Act specifies unique provisions from those of other states. For birth injury malpractice lawsuits, the claim must be filed within two years after the cause of action arises. Hiring a birth injury medical malpractice lawyer in Dover is a wise decision to ensure everything is in order for the proceedings.
What Conditions Qualify as a Childbirth Injury?
Infants can get injured during childbirth. However, some injuries qualify as grounds for a malpractice lawsuit.
- Cerebral palsy
- Brachial plexus nerve injury
- Hypoxic-Ischemic Encephalopathy (HIE)
- Cephalohematoma
- Erb-Duchenne palsy
- Caput succedaneum
- Temporary facial paralysis
- Fractures
If you see that the injury appears to be permanent, you must discuss your case with a specialized birth injury medical malpractice lawyer to determine if the negligence is a factor and know the right compensation for your situation.
Three Important Details to Know When Filing Your Case
The requirements for filing a birth injury malpractice claim can differ by state. However, there are three important ones that you should know: statute of limitations, damages cap, and certificate of merit.
1. Statute of Limitations
This runs from the time when an injury occurred. However, some injuries don’t appear right away, like in cerebral palsy cases. For this reason, some states apply a “discovery rule.”
This rule offers a separate window that opens when an injury caused by malpractice is discovered, technically extending the time limit for bringing a medical malpractice claim.
2. Damages Cap
If you prove liability in a birth injury lawsuit, you can recover damages for the harm caused to your child, known as compensatory damages, which relieve your financial burden caused by malpractice and allow you to focus on recovery.
The categories for compensatory damages are:
- Economic – These damages account for types of harm that can be quantified easily.
- Non-Economic – These damages compensate you for more subjective forms of harm, such as emotional stress, lost enjoyment of life, and suffering.
3. Certificate of Merit
Also known as an affidavit of merit, this document is filed with the lawsuit, where an independent, qualified medical expert confirms the case has validity. It should state that the healthcare provider has committed negligence, causing the injury.
It allows the lawsuit to proceed and unlock the courts.
Average Compensation for Childbirth Injury Medical Practice in the US
The average payout in these types of claims varies depending on the damage. However, the amount that gets settled out of court ranges from $420,500 to $510,000. For those that get resolved at trial, the verdict is usually between $1,750,000 and $2,000,200.
An expert personal injury lawyer can identify the right compensation you deserve.
Be Knowledgeable and Prepared: Your Child’s Future Depends on It!
Birth injury cases require attention, and missing a detail could weaken your claim. You don’t have to do it alone. Let a birth injury medical malpractice lawyer handle the case while you focus on your child’s recovery.
