Parents in Philadelphia who experience birth injuries may find themselves struggling with several legal questions.
How can your child’s medical bills be paid? Should you file a lawsuit? What are your rights as a parent?
This article provides six tips for parents dealing with birth injuries and the law.
Keep all the records
When you are dealing with a birth injury, it is important to keep track of all the medical bills, doctor’s appointments, and other paperwork. Additionally, keep a journal to document your child’s symptoms and progress. This will be important evidence if you decide to take legal action.
You should also take pictures of any injuries your child has suffered and keep them in a safe place. These will be almost crucial if you decide to file a lawsuit.
If you are not satisfied with the care your child is receiving, it is important to get a second opinion. You have a right to get a second opinion from another doctor, and in some cases, your insurance company may even cover the cost.
Get help from a birth injury lawyer
If you are considering taking legal action, it is important to get help from a lawyer who specializes in birth injuries. These lawyers will know the ins and outs of the law and can guide you through the process of filing a lawsuit. However, make sure to hire Philadelphia-based birth injury lawyers because they will know the local laws and regulations, as well as their colleagues and the local court system. They will also be more familiar with the local hospitals and doctors and will be able to get records and evidence more easily.
On the other hand, an experienced lawyer can also help you get a settlement out of court. In many cases, it is in the best interest of both parties to settle this way as it can save everyone a lot of time, money, and stress.
You may be entitled to compensation
If your child has been injured due to medical negligence, you may be entitled to compensation. This can include money for medical bills, pain and suffering, and more. You may also be able to get punitive damages, which are designed to punish the doctor or hospital responsible for the injuries.
However, it is important to note that these cases can be very complex and it may be difficult to prove that the doctor or hospital was at fault. That is why it is so important to have an experienced legal representative who will lead you through it all.
Don’t wait too long
If you decide to file a lawsuit, it is important to do so within the statute of limitations. This is the amount of time you have to file a claim, and it varies from state to state. In Pennsylvania, the statute of limitations for birth injury lawsuits is two years from the date of the injury.
However, there are some exceptions to this rule. If the child’s injuries were not discovered right away, the statute of limitations may be extended. Additionally, if the child dies as a result of their injuries, the parents may have up to six years to file a wrongful death lawsuit.
It may seem like enough or a long time, but it is important to speak with a lawyer as soon as possible to get started on your case.
Know your rights as a parent
Parents in Pennsylvania have certain rights when it comes to their child’s medical care. For example, you have the right to access your child’s medical records and to receive information about their diagnosis and treatment plan.
You also have the right to be involved in your child’s care and to make decisions about their treatment. In some cases, you may even have the right to refuse certain treatments if you feel they are not in your child’s best interests.
Know what you are suing for
When you are filing a lawsuit, it is important to know what damages you are suing for. Two types of damages can be awarded in a birth injury lawsuit: economic and non-economic.
Economic damages are those that have a monetary value, such as medical bills, lost wages, and funeral expenses. Non-economic damages are those that do not have a monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In Pennsylvania, there is no limit on the number of economic damages that can be awarded in a birth injury lawsuit. However, there is a limit of $500,000 on non-economic damages. This means that if you are suing for both economic and non-economic damages, the total amount you can collect is $500,000.
When you are dealing with a birth injury, it is important to consider all of your options. You may be able to settle your case out of court, or you may decide to go to trial. You may also be able to get help from a government program or a charity.
No matter what you decide to do, it is important to get help from a lawyer so that you can understand your rights and make the best decision for you and your family.