Birth Injury Lawsuits

Medical mistakes during childbirth could result in life-changing consequences. They can be extremely costly to treat, and leave families with significant financial obligations.

A lawyer can determine if you have a legal right to compensation. They will scrutinize your medical records and other evidence.

You will need to show that the birth injury suffered by your child was the result of medical professionals who did not fulfill their obligation. You'll need to speak with an expert witness.

Statute of Limitations

The statute of limitations limit the time it takes to file a suit. Your case could be dismissed when you miss the deadline. It isn't a matter of how serious your injury is or how legitimate your claim is. A national birth injury law firm can help you to know the statute of limitations in your state and ensure that your claim is filed within the proper deadline.

In most medical malpractice cases the statute of limitations starts at the time of the negligent act or error. However, in the case of birth injuries many of these injuries may not be evident at the time of birth and may only be discovered months or even years afterward. To prevent this, a majority of states have a special rule that delays the commencement of the statute of limitations on these types of claims until the child becomes a legal adult.

It's not easy because, in normal circumstances, a person does not become an adult until 18. If your child suffers a severe birth injury due to medical malpractice you may have to file a claim before this legal threshold is passed. In these circumstances, it is critical that you seek legal advice from a lawyer for birth injuries immediately. A lawyer can assist you to preserve and gather the necessary evidence to show that the child's condition was caused by a doctor or other medical professional's inability to adhere to the standard of care that is accepted.

Causation

Inviting a child into the world is a delicate process. The mistakes of medical professionals can result in serious injuries that could have lifelong effects for a family. If your child suffered a birth injury because of the negligence of a doctor, nurse hospital, or another medical staff member's negligence during labor and birth it could be a claim for medical negligence.

As with any medical malpractice claim, a lawsuit for birth injuries requires the establishment of four main elements - duty of care breach of duty, damages, and causation. Your lawyer can assist in constructing a solid case by analyzing and gathering evidence such as medical records, imaging studies, and witness statements.

If you are pursuing a birth injury case, it is important to consult an attorney who is familiar with these types of cases. Your lawyer will file a summons, complaint, and then the defendant's answer is usually a yes or no. Both sides will exchange information during the discovery phase.

If the defendant is a doctor or other health care provider their attorneys will seek to settle the case outside of the court. An experienced medical malpractice lawyer is able to negotiate with insurance companies, safeguarding your legal rights and pursuing the full and fair compensation for the injury your child sustained. In addition many families receive financial aid through the state's medical indemnity plans, which can help to pay for treatment and long-term medical care for a child who has suffered an injury at birth.

Damages

A birth injury lawsuit typically claims damages for a victim's economic losses and non-economic losses. These losses may include medical bills, lost wages and the cost of treatment for a long-term condition like a brain injury or cerebral palsy. Non-economic damages include suffering and pain as well as loss of enjoyment life and loss of consortium (the bond between spouses and children).

To get compensation for their clients, lawyers must make a convincing case using evidence. Often, the evidence comes from medical experts who be a witness as to whether or not the medical professional violated the standard of care and triggered a birth injury.

It is essential for parents to hire a lawyer immediately they begin to suspect a doctor or hospital may have committed malpractice. The statute of limitations could start to count down after the injury occurs or zf3.cmmlogos.org when it is discovered. A lawyer can make sure that parents do not miss the deadline.

A lawsuit is usually initiated by an attorney who files an Summons & Complaint against the malpractice insurance company. The defendant is entitled to answer and provide information on their side of the story via a process called discovery. In this phase attorneys will share documents and evidence with each the other, including expert testimony. Attorneys usually send a demand packet to the malpractice insurance company before proceeding to trial, asking for a certain dollar amount to settle the claim.

Expert Witnesses

When you file an medical malpractice claim against a medical professional for birth injuries, your lawyer will often need expert witnesses to give testimony on your behalf. They are typically other medical professionals or doctors who are experts in a particular field and know accepted practices within their field of expertise. They play an important part in establishing the four components of your case: duty, breach causation, damages and breach.

If a medical professional has committed carelessness, like not observing the mother's blood pressure or giving birth via a cesarean section instead vaginal birth, the legal procedure may become complicated and difficult to navigate without a skilled legal team. Expert witness testimony is an effective evidence to support your case during a trial and establish the facts.

Medical experts can provide their expert opinions via consulting or by testifying. Experts are hired as consultant experts to discuss certain aspects of a case, such as imaging studies and medical records. This is typically the initial stage of a medical malpractice suit, before the plaintiff or defendant decides to begin the trial.

Trials are stressful and nerve-wracking for those who suffer from medical malpractice. This is especially true when a child has long-term cognitive or physical impairments. If your case is brought to trial, you'll be required to prove the defendant's negligence, proving that the defendant's actions were different from the accepted standard of care and that this deviation resulted in the injuries of your child.