One of the biggest challenges faced in a birth injury claim is the long term, and perhaps even lifetime, care that will be required for the child as a result of the birth injury. A parent’s biggest worry naturally is how the child will be cared for when the parent is no longer able to do so.
How Does The Jury Determine If The Doctor’s Actions Corresponded To Best Medical Practices?
The juries will hear testimony from medical experts for both sides of the litigation, for family, as well as the healthcare providers. After hearing both sides, and in addition to all of the other evidence that will be presented during the trial, they have to determine which experts and which side was either more credible or proved their case the best as opposed to which side did not have as much evidence or as strong of evidence.
How Is The Amount Of Damages Determined In Birth Injury Claims?
Children who suffer birth injuries often require long-term or lifelong medical and personal care. They may also have educational and vocational limits as a result of their injuries. So medical, nursing, vocational, and economic experts assess the child and create a detailed life care plan that spells out the child’s present and future needs as well as their respective costs. These life care plans are performed by current practicing nurses and rehabilitation experts. They are up-to-date with what is needed for a patient and what the costs are, and therefore you do get a fairly accurate estimate as to what the child’s future needs will be.
How Do You Advise Clients That Are Apprehensive Of Filing A Birth Injury Claim?
I always tell clients that are hesitant about filing a birth injury claim that the decision to investigate a claim against the physician is never an easy one to make. It requires much thoughtful deliberation; but as parents, we must do what’s best for a child and if the child’s injuries were preventable, then you obviously put your child’s interest first and look to protect his or her future.
Can Someone Afford To File A Birth Injury Claim?
Certainly. Law firms that handle birth injury claims with regularity will do so on a contingency basis. That means that the firm doesn’t get paid a fee unless there is a recovery for the child. Furthermore, the firm lays out all the litigation costs and doesn’t get reimbursed these costs unless they recover the money for the child. I always tell people that they should steer away from any attorney or firm that demands a retainer to handle a birth injury claim or any type of medical malpractice claim. That usually is a sign that they do not handle these cases with regularity.
How Long Does A Birth Injury Lawsuit Typically Take To Resolve?
These cases are determined or deemed to be complex by the court system and as such, they are given more time to litigate. If I were to give you an estimation depending upon what county you lived or where you filed your suit in, then 2 to 3 years and perhaps even 4 in slower counties, would be a good time estimation for how long it would take to litigate this type of a case.
Are Birth Injury Claims Similar To Medical Malpractice Claims?
Yes; a birth injury case is considered to be a medical malpractice action.
How Has Your Experience Been In Handling Personal Injury Claims?
Our firm has been collectively practicing for about 75 years. I have been in practice myself for more than 20 years. My partner Leonard Fodera has been practicing for approximately 30 years, and we have done nothing but medical malpractice actions. And part of that is the birth injury claims, so we’ve had decades of experience in litigating these types of birth injury claims and with fabulous results. You can look at our website and will be able to read about some of the results we’ve had. Oftentimes we can’t go into too much detail as to what the specific cases were about due to confidentiality requirements, but our website certainly does disclose what types of birth injury cases we have handled with success.
Additional Information About Birth Injury Claims In Pennsylvania
The timing for filing a lawsuit for a birth injury case, and this is assuming that the child did not succumb to their injuries at birth, then it would be more of a wrongful death action. But for general birth injury cases where the child is alive and has injuries that might be long-term or lifelong, you do have an extended statute of limitations for such actions. In the Commonwealth of Pennsylvania, those actions must be brought within 2 years of the child’s age of majority, which is by their 20th birthday. Other states have different statute of limitations for birth injury cases.
One certainly does not want to wait that long to initiate a lawsuit because memories fade over time and you want to make sure that everything is fresh as far as witness recollections of the delivery and that medical records have been maintained.
For more information on Challenges In Birth Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 569-1212 today.