While some infants are born with birth defects, there are other infants who become injured through the delivery process itself. When this happens, the hospital may wish for you to speak with their health insurance provider, but there are many reasons why you should avoid doing this.
Why File a Lawsuit?
After giving birth, you might feel that filing a lawsuit is too stressful. However, you must take into consideration the healthcare costs you must pay for rehabilitation, any counseling or therapy your child might need, and whether or not he or she will need expensive medical equipment. You may also suffer lost wages as you must devote more time than otherwise to caring for your child. You must also account for the pain, suffering, and mental anguish that results from a birth injury. However, be careful when communicating with a hospital insurance provider.
Why Shouldn't I Talk to an Insurance Provider?
A hospital's insurance provider might seem helpful, but they are typically looking for a way to reduce how much you may be compensated for a birth injury. Anything you say to an insurance provider can adversely affect your lawsuit. If you must speak with the insurance provider, consider having a birth injury lawyer speak on your behalf.
Even if the evidence for malpractice is very clear, an insurance provider will do everything possible to get a client off the hook. Not only should you not speak with the insurance provider, but you shouldn't speak even with friends and family members. If what you say gets out, it may be used against you in court. Most importantly, be careful about what you accept.
Typically, a hospital will try to avoid a lawsuit because this will make the hospital look bad. As a result, they or their insurance provider may encourage you to accept a settlement that is much lower than what you would normally be able to receive. Even if the initial payment might seem large, it will likely not account for the grand total of your child's medical bills over the years. For this reason, never sign documents you don't feel comfortable with.
What Should I Do Instead?
Instead of talking to the hospital's health insurance provider, make sure to contact a birth injury lawyer. A lawyer is working for you and will look at the evidence relevant to your case and help determine whether litigation is an appropriate course of action.