Birth Injury Lawsuits
Medical errors during childbirth can have life-changing consequences. They can be very costly to treat and can leave families with a significant financial burdens.
A lawyer can decide whether you are entitled to a claim for compensation. They will review your medical records and other proof.
You will need to show that the birth injury suffered by your child was caused by a medical professional breaching their obligation. You'll need to speak with an expert witness.
Statute of limitations
The statute of limitations puts the time limit for how long you have to file a lawsuit. If you fail to file by the deadline and file a lawsuit, it will be dismissed, regardless of how valid your claim or how serious the injury. A national birth injury firm can assist you to comprehend your state's statutes of limitations and make sure that your case is filed within the required deadline.
In the majority of medical malpractice cases the statute of limitations begins to run on the date that the negligent act was committed or not done. But with birth injuries, the majority of these injuries might not be evident at the time of birth and may only be discovered years or even months later. To prevent this, a majority of states have a special rule that delays the commencement of the statute of limitations for these types of claims until the child is legally mature.
It can be difficult because in normal circumstances the person will not become an adult until they reached the age of 18. If your child is suffering from an injury to their birth caused by medical malpractice You may need to file a claim prior to the legal threshold is reached. In these instances it is imperative that you seek legal advice from a lawyer for birth injuries immediately. An attorney can help save and gather the required evidence to show that the child's condition was the result of an medical professional's inability to follow the standard of care that is accepted.
Causation
The birth of a child in the world is a delicate task. Unfortunately, mistakes made by medical professionals can cause serious injuries and lifelong consequences for a family. If you believe that a doctor, an employee of hospital, or any other member of the medical staff was negligent during the labor and birth process and caused your child to suffer injuries to his or her birth, then you could be a victim in a medical malpractice claim.
Like any medical malpractice claim, a lawsuit for birth injuries must prove four key elements: duty of care, breach of duty damages, and causation. Your lawyer can assist you build a strong case, collecting and analyzing evidence such as medical documents, imaging studies, witness statements, and expert testimony.
It is crucial to find an attorney with experience in cases involving
birth injuries. Your lawyer may file a summons and complaint and the defendant will typically respond with an answer. There will also be a period of discovery, where both parties exchange information.
If the defendant is a physician or other health provider, their lawyers will try to settle the case outside of the court. A seasoned medical malpractice lawyer knows how to negotiate with insurance companies to protect your legal rights and pursuing an equitable and full settlement for your child's injuries. Additionally numerous families receive financial aid through the state's medical indemnity program, which can help offset the cost of treatment and long-term care for children suffering from an injury to their birth.
Damages
In a
birth injury lawsuit, damages are usually sought for both economic and non-economic losses. These losses may include medical expenses, lost wages and the cost of treatment for a chronic condition such as cerebral palsy. Non-economic losses can include pain and suffering as well as the loss of enjoyment life, and loss of consortium (the bond between parents and children).
The law requires lawyers to build a strong case with evidence to be able to secure compensation for clients. Medical experts are often called upon to testify whether or not a medical professional has violated the standard care and resulted in birth injuries.
It is important for parents to get an attorney whenever they suspect that a hospital or doctor might have committed malpractice. A lawyer can help parents to avoid missing the deadline if they suspect a doctor or hospital has committed malpractice.
A lawsuit is usually initiated by an attorney who files a Summons & Complaint against the malpractice insurance company. The defendant is given the opportunity to answer and provide evidence on their side of the story through a process known as discovery. In this phase attorneys will share documents and evidence with one other, including expert testimony. Before proceeding to trial, attorneys often send a list of demands to the malpractice insurance company asking for a specific dollar amount to pay a claim.
Expert Witnesses
If you are filing a medical malpractice lawsuit against a healthcare provider due to birth injuries, your attorney will typically require experts to testify on behalf of you. They are typically other medical professionals or doctors who are experts in a specific area and are familiar with accepted practices within their area of expertise. They can be essential in establishing four elements of your case, which include duty breach, cause, and damages.
When a medical professional commits negligence, such as failing to check a mother's high blood pressure or giving birth via a cesarean section rather than a vaginal birth, the legal process is often complicated and difficult to navigate without a competent legal team. Expert witness testimony can be used to prove your case and establish the facts in a jury trial.
Medical experts can offer their professional opinions in two ways: by consulting or by giving evidence. Experts who consult are hired to provide particular aspects of a case, such as medical records, or imaging studies. This is typically the initial step in a medical malpractice suit, before the plaintiff or defendant agrees to proceed with the trial.
A trial can be nerve-wracking and stressful for the victims of medical malpractice, specifically when it comes to birth injuries that involve a child with long-term physical or cognitive impairments. If your case is brought to trial, you'll need to prove the defendant's negligence, proving that they strayed from the accepted standards of care and resulted in your infant's injuries.