What Are Common Misconceptions about Birth Injury Lawsuits?

Birth injury lawsuits can be complex and emotionally charged, leading to various misconceptions. In the United States, 2.9 deaths per 10,000 live births, affecting around 28,000 infants annually. Despite this, many believe such lawsuits are frivolous or too stressful to pursue. However, most medical malpractice claims, including birth injury cases, are based on substantial evidence of error or negligence, with about 93% settled out of court. These misunderstandings can prevent families from seeking justice and the compensation they deserve. Here, we address and clarify some common misconceptions about birth injury lawsuits.

8 Most Common Misunderstandings About Birth Injury Lawsuits

Understanding the truths behind common misconceptions can help clarify expectations and guide decisions. A birth accident attorney can provide essential guidance, debunking myths and setting the record straight.

1. All Birth Injuries Are Due to Medical Negligence

One of the most common myths is that all birth injuries result from medical negligence. Not all injuries during childbirth are due to a healthcare provider’s error. Some injuries are caused by unavoidable complications. Proving negligence requires demonstrating that the medical provider deviated from the standard of care in a way that directly caused the injury.

In many cases, injuries might be related to natural causes, such as complications during labor that could not have been anticipated or prevented, even with the highest standard of care. Your attorney can help determine if an injury was likely due to negligence and whether a lawsuit is warranted.

2. Birth Injury Lawsuits Always Result in Large Settlements

While some birth injury lawsuits result in significant compensation, it’s not always the case. The outcomes of such lawsuits depend heavily on the case’s specifics, including the injury’s severity and the clear establishment of negligence.

It’s important to have realistic expectations regarding compensation. A skilled attorney will help assess the damages and calculate a fair settlement, which may cover medical expenses, ongoing care costs, and compensation for pain and suffering, but the amount can vary widely.

3. Birth Injury Lawsuits Are Quickly Resolved

The resolution of a birth injury lawsuit can take time, often years. The complexity of proving medical negligence requires detailed medical records review, expert testimonies, and, often, lengthy legal proceedings.

Patience is essential in these cases. Quick settlements may not always be in the family’s best interest, as they might not fully cover the long-term costs associated with the injury. Your attorney will aim for a resolution that fully accounts for immediate and future needs.

Read More: Do I Need To Hire A Long-Term Disability Attorney?

4. Any Lawyer Can Handle a Birth Injury Lawsuit

Birth injury law is a specialized field that requires lawyers who are knowledgeable about medical practices and legal standards. Not every lawyer has the expertise to handle these sensitive and complex cases effectively.

Choosing a lawyer experienced in birth injury cases is crucial. They will have the necessary understanding of medical procedures and standards to build a strong case and negotiate effectively with the defense and insurance companies.

5. Filing a Lawsuit Aggravates the Relationship with Healthcare Providers

Many parents worry that pursuing a lawsuit might negatively affect their relationship with healthcare providers. While it’s a valid concern, your child’s well-being and future needs are paramount. A lawsuit is not about creating conflict; it’s about seeking justice and the necessary resources to support your child’s development.

Professional legal proceedings are conducted with respect and care to address grievances while maintaining professionalism. A reputable attorney will handle the case sensitively, ensuring that relationships are as preserved as possible while still advocating for your rights.

6. Birth Injury Only Involves Physical Harm

While physical injuries are the most visible, birth injuries can also lead to developmental delays and emotional or cognitive issues that may not become apparent until later in the child’s life. It’s important to recognize and plan for the possibility of long-term or latent effects.

Your attorney can help include provisions for future complications in the claim, ensuring that any settlement considers long-term care and therapy costs, adapting as your child grows and their needs become clearer.

7. Settlements are Taxable

Many people believe that settlements from birth injury lawsuits are taxable. However, compensation for personal injuries or sickness is tax-exempt under federal law. It’s crucial to consult with a knowledgeable attorney or a tax advisor to understand how your specific settlement may be affected.

Understanding the tax implications of your settlement can help you plan better for the future and ensure that the funds are used to their fullest potential for your child’s care and support.

8. You Can File a Lawsuit at Any Time

Statutes of limitations apply to birth injury lawsuits, meaning there is a limited timeframe within which you can file a claim. This period varies by state and can depend on when the injury was discovered.

It’s vital to consult with an attorney as soon as possible if you suspect medical negligence. Waiting too long could bar you from filing a lawsuit and receiving compensation.

Conclusion

Understanding what is true and what is not about birth injury lawsuits can significantly impact your approach and expectations. A knowledgeable birth accident attorney is invaluable in navigating these waters, providing clarity and support through a challenging process. Their expertise ensures that you are well-informed and prepared to take the steps necessary to seek justice and support for your child’s needs.

Also Read: How Medical Negligence Attorneys Protect Patients Health