Birth Injury LawsuitsMedical mistakes during childbirth can have life-changing consequences. They can be very costly to treat and leave families with huge financial obligations.
A lawyer can decide if you have a legal claim for compensation. They will review your medical records and other evidence.
You will have to prove that the birth injury to your child was caused by medical professionals not fulfilling their duty. You'll need to speak with an expert witness.
Statute of limitations
The statute of limitations imposes the maximum time you have to wait before filing a lawsuit. If you do not file your lawsuit by the deadline and file a lawsuit, it will be dismissed, regardless of the validity of your claim or how serious the injury. A national birth injury lawyer can help you know your state's statute of limitations and make sure that your case is filed within the correct time frame.
In most medical malpractice lawsuits the statute of limitations begins to run from the date the negligent act was committed or omitted. With birth injuries, the majority of these injuries might not be evident at the time of the birth, and they may only be discovered years or even months afterward. Many states have a
law that delays the start date of the statute of limitations for these types of claims, until the child has become a legal adult.
It can be difficult because under normal circumstances the person will not become an adult until the age of 18. If your child is suffering an extremely severe birth trauma as a result of medical malpractice, it is possible that you'll have to file a lawsuit before this legal threshold has been reached. In these cases, it is critical to seek legal advice from a birth injury lawyer immediately. A lawyer can assist you to save and gather the required evidence to establish that your child's illness was the result of a doctor or other medical professional's negligence in following the accepted standard of care.
Causation
Inviting a child into the world can be a stressful process. Unfortunately, mistakes made by medical professionals can cause severe injuries and lasting consequences for families. If you believe that a doctor an employee, a hospital, or another medical professional was negligent during the labor and birth process and caused your child to sustain a birth injury, then you could be a victim in a medical malpractice claim.
As with any malpractice claim, a birth injury lawsuit must establish four essential elements: duty of care, breach of duty causation, and damages. Your lawyer can help you make a convincing case by collecting and analyzing evidence such as medical records, imaging studies, witness statements, and expert testimony.
When pursuing a birth injury case, it is crucial to work with an attorney who is experienced in these cases. Your lawyer can file a summons and complaint and the defendant will generally respond with an answer. There is also a time of discovery in which both sides share information.
If the defendant is a doctor or another health care provider the lawyers will try to settle the case outside of the courtroom. A skilled medical malpractice lawyer understands how to negotiate with insurance companies, protecting your legal rights and pursuing an equitable and full settlement for the injury your child sustained. Many families also receive financial aid through state-sponsored medical indemnity insurance programs. These programs can help to offset the cost of treatment and long-term care for babies born with an anomaly in the birth.
Damages
A birth injury lawsuit usually demands damages for the victim's economic losses and non-economic losses. Economic losses may include medical bills, lost income, and the cost of caring for a long term illness such as cerebral palsy or a brain injury. Non-economic damages can include pain and suffering, loss of enjoyment of life, and loss of consortium (the bond between spouses and children).
The law requires that lawyers make a convincing case using evidence to obtain compensation for their clients. Medical experts are often required to testify about whether or not a medical professional has infringed on the standard of care or resulted in birth injuries.
It is crucial for parents to hire a lawyer whenever they suspect a doctor or hospital could have committed a malpractice. The statute of limitation may begin to expire when the injury occurs or after it is discovered. A lawyer can ensure that parents don't delay in completing the deadline.
A lawsuit typically begins with an attorney filing an Summons and Complaint against the malpractice insurance company. The defendant has the chance to respond and provide details about their side of the story via a process called discovery. During this phase, lawyers will exchange documents and evidence, including expert witness testimony. Attorneys usually send a demand letter to the malpractice insurer prior to going to trial, asking for a certain dollar amount to settle the claim.
Expert Witnesses
When you file a medical malpractice lawsuit against a healthcare provider for birth injuries, your lawyer will typically require expert witnesses to give testimony on behalf of you. They are usually medical professionals or doctors who are experts in a particular field and know accepted practices within their field of expertise. They are crucial in establishing four aspects of your case, which include duty breach, cause and damages.
Legal proceedings can be complex and difficult to navigate when a medical professional is negligent, for example, when they fail in their duty to monitor a mother’s high blood pressure, or when they deliver the baby via cesarean instead of vaginally. Expert witness testimony can be a powerful evidence to support your case during a trial and establish the facts.
Medical experts can offer their professional opinions through two methods: consulting or by speaking in court. Experts who consult are hired to provide particular aspects of a particular case, such as medical records, or imaging studies. This is often the initial step in a medical malpractice lawsuit in which the plaintiff and the defendant are able to agree on the trial.
Trials can be stressful and nerve-wracking for those who suffer from medical malpractice. This is particularly true when a child is suffering from long-term physical or cognitive impairments. If your case is brought to trial, you'll have to prove the defendant's negligence. This means proving that the defendant erred from the standards of care that are accepted and that the deviation resulted in the injuries to your infant.