Birth Injury Lawsuits

Medical errors during childbirth can cause life-altering effects. They can be very costly to treat and result in families facing significant financial burdens.

A lawyer will determine if you have a legal right to compensation. They will review your medical documents and other evidence.

You'll need to show that a medical professional's breach of duty resulted in the birth injury of your child. You'll need to talk with an expert witness.

Statute of Limitations

The statute of limitation limits the time that you can bring a lawsuit. Your case could be dismissed in the event that you do not meet 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 assist you to be aware of the statute of limitation in your particular state and ensure that your claim is filed within the correct deadline.

In most medical malpractice lawsuits the statute begins to run on the date the negligent act was committed or not done. However, in the case of birth injuries many of these injuries may not be apparent at the time of the birth and may only be discovered months or even years afterward. The majority of states have a rule which delays the commencement date of the statutes of limitations for these types of claims until the child is a legally mature.

This can be complicated because in normal circumstances the person will not become an adult until they reached age 18. If your child has a severe birth trauma as a result of medical negligence, it is likely that you'll have to make a claim before this legal threshold has been met. In these instances you must seek immediate legal advice from a lawyer that specializes in birth injuries. A lawyer can assist you to save and gather the required evidence to prove that your 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

The birth of a child is a delicate procedure. The mistakes of medical professionals can result in serious injuries that could have permanent effects for a family. If you think that a doctor, or nurse, a hospital, or another medical professional was negligent during labor and delivery and caused your child to suffer a birth injury, then you could be a victim in a medical malpractice case.

Birth injury lawsuits must establish four main elements, just like any medical malpractice case: duty of care (or breach of duty) and causation (or damage), and damages. Your lawyer can assist you in constructing a convincing case by gathering and analyzing evidence such as medical records, imaging studies, and witness statements.

If you are pursuing a birth injury case, it is important to have an attorney who has experience in these cases. The lawyer will file a summons, complaint, and the defendant's reply is typically a yes or no. Both sides will share information during the discovery phase.

If the defendant is a doctor or another health professional their lawyers will attempt to settle the case outside of the courtroom. A seasoned medical malpractice lawyer will know how to negotiate with insurance companies to protect your legal rights while seeking full and fair compensation for the injury your child sustained. Many families also receive financial assistance through state-sponsored medical indemnity programs. These programs can assist in reducing the cost of treatment and long-term treatment for a child with a birth defect.

Damages

In a birth injury case, damages are typically sought for both economic and non-economic losses. Economic losses can include medical expenses, lost wages as well as the cost of healthcare for a long-term illness such as cerebral palsy. Non-economic damages can include pain and discomfort, loss of enjoyment of living, and loss or consortium (the bond that exists between a spouse's child and their spouse).

The law requires lawyers to make a convincing case using evidence to be able to secure compensation for clients. Typically, the evidence comes from medical experts who can testify as to whether the medical professional breached the standard of care and triggered a Birth Injury Attorneys injury.

Parents should consult an attorney right away if they suspect that a physician or hospital has acted in a negligent manner. A lawyer can assist parents avoid missing the deadline when they suspect a doctor or hospital has committed malpractice.

A lawsuit usually begins with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant then has the opportunity to file an Answer and provide details about their side of the story through a process called discovery. In this phase attorneys will share evidence and documents with each others, including expert testimony. Before going to trial, attorneys will often submit a set of demands to the malpractice insurance company asking for a specific dollar amount to pay a claim.

Expert Witnesses

When you file a medical malpractice claim against a healthcare professional for birth injuries, your attorney is likely to require experts to give testimony on behalf of you. They are typically other doctors or medical professionals with expertise in a particular area and are familiar with accepted practices within their specialty. They play a crucial role in establishing the 4 elements of your case: breach of duty, causation and damages.

Legal proceedings can be complex and difficult to navigate when a medical professional is negligent, for instance, if they fail to check the mother's blood pressure, or deliver a child via cesarean birth injury lawyer instead of vaginally. Expert witness testimony is a powerful evidence to support your case in court and establish the facts.

Medical experts can provide expert opinions in two different ways: consulting and witnessing. Consulting experts are hired to explain particular aspects of a case such as medical records, or imaging studies. This is often the initial step in a lawsuit for medical malpractice prior to the plaintiff and the defendant are able to agree on the trial.

Trials are stressful and nerve-wracking for those who suffer from medical malpractice. This is particularly true when a child has long-term cognitive or physical impairments. If your case goes to trial, you'll have to demonstrate the defendant's negligence. This means proving that the defendant's actions were not in accordance with the standard of care and that the deviation caused the injuries to your child.