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What are some alternatives to filing a birth injury claim?
You could try mediation or arbitration. In fact, some health plans, like Kaiser, demand the use of arbitration to deal with medical malpractice cases, precluding you from immediately filing a lawsuit in the first place. Some doctors have their patients sign a consent form which includes an arbitration clause. Arbitration is a form of alternative dispute resolution, which means that your birth injury claim is not handled in the court system.
There are advantages and disadvantages to handling a birth injury case in arbitration. Arbitration tends to be faster and less expensive, but there is no jury. Sometimes it is good to have a jury decide a birth injury lawsuit because they tend to be sympathetic towards injured children. Whether you have an arbitration clause or not, contact an experienced personal injury attorney as soon you suspect a birth injury.
With the help of a lawyer, you may be able to deal directly with your doctor’s medical malpractice insurer and agree on a settlement amount. That may be an option where it is clear that malpractice occurred (e.g., your child’s doctor admitted it to you) and the settlement amount will be low (e.g., your child suffered a broken collar bone that is expected to heal.) You also need to keep in mind that there are time limits for filing a birth injury claim, so while you are considering your options, you always want to be aware of the deadlines. |
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