Birth injuries can have lasting consequences for everyone in the affected family. The child with the injury may require ongoing medical interventions. They may experience developmental delays and may have functional limitations that affect their health, academic performance and career prospects.
The parents and other family members of the affected child may have to make sacrifices to accommodate the costs and support needs associated with the birth injury. Parents may deprioritize their careers or cease working. The entire family may have to make sacrifices and adjustments.
Some birth injuries, like Erb’s palsy, may resolve on their own or respond well to treatment. Others, like cerebral palsy, can produce permanent symptoms. Families may need to pursue compensation from the healthcare providers at fault for the birth injury. How much compensation is potentially available for families?
State law imposes strict limits on malpractice claims
Under the Indiana Medical Malpractice Act, there are limits to the amount of compensation available. Regardless of whether the case settles out of court or goes to trial, the maximum amount of compensation is $1.8 million dollars.
Some of that comes directly from the insurance carried by the healthcare provider or facility. Insurance can cover up to $500,000, while the Indiana Patient’s Compensation Fund can provide up to $1.3 million in compensation.
The law also creates a very specific process for litigating malpractice claims. The plaintiff must present the situation to a medical review panel, and there must be compelling proof of negligence. A panel of three physicians must review the claim and determine if the situation warrants litigation in civil court.
Families need help weighing their options
People already struggling to handle the demands generated by a birth injury may find navigating the legal system to be a major challenge. They do not have the luxury of waiting indefinitely, as state law also limits how long families have to file medical malpractice lawsuits. Typically, it is necessary to take legal action within two years from the date of the alleged malpractice.
Parents worried about the lost wages and medical expenses associated with their child’s birth injury often need help understanding their options and reviewing the circumstances that led to their child’s diagnosis. Proper support and documentation of negligent care practices can help families pursue compensation for preventable birth injuries.