Birth Injury Lawsuits

Birth-related medical errors can cause life-altering consequences. They can be extremely expensive to treat and leave families with huge financial obligations.

A lawyer can decide if you have a legal claim for compensation. They will examine your medical records and other proof.

You will have to prove that the birth injury suffered by your child was caused by medical professionals who violated their duty. You will need an expert witness.

Statute of Limitations

The statute of limitations puts a limit on how long you can delay filing an action. If you don't meet the deadline the case will be dismissed, no matter the validity of your claim or how serious the injury. A national law firm can help to learn about the statute of limitations in your state and ensure that your claim is filed within the appropriate deadline.

In most medical malpractice cases the statute of limitations starts on the date of the negligent act or error. With birth injuries, some of these injuries may not be evident at the time of delivery and can only be found months or even years afterward. Most states have a rule which delays the commencement date of the statutes of limitation for these types of claims until the child is a legally mature.

This can be a bit complicated since, under normal circumstances, a person would not become an adult until they reached the age of 18. If your child suffers an extreme birth trauma as a result of medical malpractice, it's possible that you'll have to file a lawsuit before this legal threshold has been reached. In these instances, it is critical to seek legal advice from a lawyer for birth injuries immediately. An attorney can assist in preserving and collect evidence to show that a doctor's medical professional's failure to adhere to accepted standards of care caused the condition of your child.

Causation

The birth Injury attorneys of a baby is a delicate process. Unfortunately, mistakes by medical professionals can lead to grave injuries and long-lasting consequences for families. If you believe that a doctor, an employee, an institution, or a medical professional was negligent during the birth process and caused your child to suffer an injury during birth, you may be the victim of an medical malpractice case.

Birth injury lawsuits must prove four fundamental elements, exactly as any other medical malpractice claim which includes duty of care (or breach of duty) as well as causation (or damage) and damages. A lawyer can aid you in constructing a solid case by analyzing and gathering evidence such as medical documents, imaging studies, and witness statements.

It is important to hire an attorney with experience with birth injury attorney injury cases. Your lawyer will file a summons, complaint, and the defendant's reply is typically a yes or no. Both sides will exchange information during the discovery phase.

If the defendant is a physician or another health care professional their attorneys will work on settling the case outside of the court. A medical malpractice lawyer with the experience of negotiations with insurance companies will defend your legal rights, and will seek full compensation for the injuries to your child. In addition numerous families receive financial assistance through state medical indemnity program, which can offset the costs of treatment and long-term care for a child who has suffered an injury at birth.

Damages

A birth injury lawsuit typically will seek damages for economic losses as well as non-economic. Economic losses include medical bills or income loss, as well as the cost of care for a long term condition such as cerebral palsy or a brain injury. Non-economic losses can include pain and suffering as well as 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 obtain compensation for their clients. Typically, the evidence is provided by medical experts who can be a witness as to whether or not medical professionals violated the standard of care and triggered a birth injury.

Parents should hire an attorney as soon as they suspect that a doctor or hospital has acted in a negligent manner. The statute of limitation may start to count down after the incident occurs or is discovered. A lawyer can make sure that parents don't delay in completing the deadline.

A lawsuit typically begins with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant is then given the opportunity to file an Answer and provide details about their part of the story in an process known as discovery. In this phase, attorneys will exchange documents and evidence with each others, including expert testimony. Before proceeding to trial, attorneys often send a package of demands to the malpractice insurance company asking for a specific amount to settle any claim.

Expert Witnesses

Your lawyer will require experts to testify on your behalf if you make a claim for medical malpractice against a healthcare practitioner that caused birth injuries. They are typically other doctors or medical professionals who are experts in a specific field and are aware of accepted practices within their specialty. They can play a significant role in establishing the four components of your case: breach of duty, breach causation, damages and breach.

If a medical professional is guilty of negligence, such as failing to monitor a mother's high blood pressure or the delivery of a baby via a Cesarean section instead of a vaginal birth, the legal procedure can be complicated and difficult to navigate without a skilled legal team. Expert witness testimony is a potent tool to prove your case in a trial and establish the facts.

Medical experts can offer their expert opinions in two different ways: by consulting and by witnessing. Experts are hired as consultative experts to present certain aspects of a particular case, such as imaging studies and medical records. This is usually the first step of a medical malpractice lawsuit prior to the plaintiff or defendant agrees to begin the trial.

Trials can be stressful and nerve-racking for those who have suffered from medical malpractice. This is especially true in the case of a child who suffers from long-term physical or cognitive impairments. If your case is brought to trial, you'll have to prove the defendant's negligence. You must prove that the defendant erred from the accepted standard of care and that this deviation caused the injury to your child.