birth injury lawyer Injury Lawsuits

Birth-related medical errors can result in life-changing consequences. They can be costly to treat and leave families with substantial financial obligations.

A lawyer can decide whether you have a claim for compensation. They will look over your medical documents and other evidence.

You will need to prove that medical professionals' breach of duty resulted in the birth injury of your child. You will require an expert witness.

Statute of limitations

The statute of limitation imposes a limit on the time period you must bring a lawsuit. If you fail to file by the deadline your case could be dismissed, regardless of the validity of your claim or how serious the injury. A national law firm can help you to understand the statute of limitations in your state and ensure that your claim is filed within the proper timeframe.

In most medical malpractice lawsuits the statute begins to run from the date the negligent incident occurred or was omitted. However, with birth injuries, the majority of these injuries might not be apparent at the time of the birth, and they may only be identified months or even years afterward. Many states have a law that extends the time frame of the statutes of limitation for these types of claims, until the child is a legal adult.

This can be complicated because in normal circumstances the person will not become an adult until the age of 18. If your child is suffering from a severe birth injury caused by medical malpractice you may have to file a claim before the legal threshold has been reached. In these cases it is recommended that you seek immediate legal advice from a lawyer who is specialized in birth injuries. An attorney can help preserve and obtain evidence to prove that a doctor's or other medical professional’s failure to follow accepted standards of care led to the child's condition.

Causation

The birth of a child in the world is a delicate process. Unfortunately, mistakes made by medical professionals can cause grave injuries and long-lasting consequences for a family. If your child suffered a birth Injury attorney injury as a result of the negligence of a nurse, doctor, hospital, or other medical staff member's careless behavior during labor and delivery, you may have a case for medical malpractice.

Birth injury lawsuits must establish four key elements, just like any medical malpractice case which includes duty of care (or breach of duty) as well as causation (or damage), and damages. Your lawyer can help build a strong case, gathering and analyzing evidence, such as medical documents, imaging studies, witness statements, and expert testimony.

It is important to hire an attorney who is experienced in birth injury cases. The lawyer will file a summons, complaint and the defendant's response is usually a no or yes. There is also a time of discovery, during which both sides share information.

If the defendant is a doctor or other health professional their lawyers will attempt to settle the case outside of court. A medical malpractice lawyer with the experience of negotiations with insurance companies will protect your legal rights and pursue complete compensation for the injury to your child. In addition numerous families receive financial assistance from the state's medical indemnity programs. These can help offset the cost of treatment and long-term care for children who suffers injuries from birth injury lawyers.

Damages

A birth injury lawsuit typically will seek damages for economic losses as well as non-economic. These losses may include medical bills, lost wages and the cost of medical treatment for a long-term illness such as a brain injury or cerebral palsy. Non-economic damages can include suffering and pain as well as the loss of enjoyment life and loss of consortium (the bond between a spouse and their child).

To get compensation for their clients, lawyers must create a strong case backed by evidence. Most often, the evidence is provided by medical experts who can provide evidence as to whether the medical professional breached the standard of medical care and caused an birth injury.

Parents should hire an attorney as soon as they suspect that a physician or hospital has acted in a negligent manner. A lawyer can help parents to avoid missing the deadline if they suspect that a physician or hospital has committed a crime.

A lawsuit usually begins with an attorney filing an Summons and Complaint against the malpractice insurance company. The defendant then has the option of filing an Answer and provide information about their side of the story through the process of discovery. In this phase lawyers will exchange documents and evidence, including expert witness testimony. Before going to trial attorneys often send a package of demands to the malpractice insurance company, asking for a specific amount to settle a claim.

Expert Witnesses

Your attorney will need experts to testify on your behalf if you submit a claim for medical malpractice against a healthcare professional based on birth injuries. These experts are typically other doctors or medical professionals with expertise in a relevant area and are knowledgeable about the accepted practices in that field. They can play a significant role in establishing the 4 elements of your claim: breach of duty, causation and damages.

Legal proceedings can be complicated and difficult to navigate if medical professionals are negligent, for instance, if they fail to monitor a mother’s high blood pressure, or when they deliver a child via cesarean birth instead of vaginally. Expert witness testimony can help prove your case and establish the facts in a jury trial.

Medical experts can offer their expert opinions in two different ways: by consulting and by testifying. Consulting experts are hired to explain specific aspects of a case, for example, medical records or imaging studies. This is typically the initial stage of a medical malpractice suit before the defendant or plaintiff agrees to commence the trial.

Trials can be stressful and nerve-wracking for those who suffer from medical malpractice. This is especially the case in cases where a child has long-term cognitive or physical impairments. If your case is taken to trial, you will need to establish the defendant's culpability. This is proving that the defendant erred from the standard of care and caused the injuries to your child.