Birth Injury Lawsuits

Medical mistakes during childbirth can have devastating consequences. They can be extremely costly to treat and leave families with huge financial obligations.

A lawyer will determine whether you are entitled to a claim for compensation. They will scrutinize your medical records and other proof.

You will need to prove that the medical professional's breach of duty caused the birth injury to your child. You'll have to consult an expert witness.

Statute of Limitations

The statute of limitations limits the time it takes to bring a lawsuit. If you fail to file by the deadline and file a lawsuit, it will be dismissed, no matter how valid your claim or how serious the injury. A national law firm can help you to learn about the statute of limitations in your state, and help ensure that your claim is filed within the correct timeframe.

In the majority of medical malpractice cases, the statute of limitations starts at the time of the negligent act or inaction. With birth injury law firms injuries, some of these injuries may not be evident at the time of birth, and they may only be identified months or even years afterward. The majority of states have a rule that extends the time frame of the statutes of limitations for these kinds of claims, until the child becomes a legal adult.

It can be a challenge because, in normal circumstances, an individual will not be considered an adult until the age of 18. If your child suffers a severe birth injury due to medical negligence you may have to file a claim prior to the legal threshold is reached. In these circumstances it is imperative to seek legal advice from a birth injury lawyer immediately. An attorney can help preserve and gather the needed evidence to show that the child's condition was caused by the medical professional's inability to follow the standard of care that is accepted.

Causation

Inviting a child into the world is a delicate procedure. Medical professionals' mistakes can cause serious injuries, which can have long-lasting effects on a family. If your child was injured during birth injury as a result of a doctor, nurse, hospital, or other medical staff member's careless behavior during labor and birth injury law firms there is a chance that you could have a case for medical malpractice.

Birth injury lawsuits must prove four fundamental elements, exactly like any medical malpractice claim that includes duty of care (or breach of duty) as well as causation (or damage) and damages. A lawyer can help make a convincing case by collecting and analyzing evidence such as medical documents, imaging studies, witness statements and expert testimony.

If you're considering a birth injury case, it's crucial to work with an attorney who is experienced in these types of cases. The lawyer will file a summons or complaint, and the defendant's response is usually a yes or no. Both sides will share information during the discovery phase.

If the defendant is a doctor or another health care professional their attorneys will work on settling the matter outside of court. A knowledgeable medical malpractice lawyer understands how to negotiate with insurance companies, safeguarding your legal rights while seeking the full and fair compensation for your child's injuries. Many families also receive financial aid through state-sponsored medical indemnity plans. These programs can help offset the costs of treatment and long term treatment for a baby who has an anomaly in the birth.

Damages

A birth injury lawsuit usually seeks damages for the victim's economic losses and non-economic losses. Economic losses include medical bills, lost income, and the cost of caring for an ongoing condition such as cerebral palsy or brain injury. Non-economic damages include suffering and pain as well as the loss of enjoyment life and loss of consortium (the bond between a spouse and their child).

The law requires lawyers to make a convincing case using evidence to get compensation for clients. 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 a birth injury.

It is vital for parents to hire a lawyer immediately they begin to suspect a doctor or hospital might have committed malpractice. The statute of limitation may begin to expire when the injury occurs or when it is discovered. A lawyer can ensure that parents don't delay in completing this deadline.

A lawsuit generally begins with an attorney filing a Summons and Complaint against the malpractice insurance company. The defendant is given the opportunity to respond and provide details regarding their side of the story via a process called discovery. During this phase lawyers will exchange documents and evidence, including expert witness testimony. Attorneys often send a demand packet to the malpractice insurer before proceeding to trial, asking for a certain dollar amount to settle the claim.

Expert Witnesses

If you are filing an medical malpractice claim against a medical professional for birth injuries, your lawyer is likely to require experts to be able to testify on behalf of you. These experts are typically doctors or medical professionals with knowledge of the relevant field and knowledge about accepted practices within that specialty. They can play a critical role in establishing the 4 elements of your case: duty, breach causation, damages and breach.

If a medical professional has committed in error, for example, not observing a mother's high blood pressure or the delivery of a baby via a cesarean section instead of a vaginal birth, the legal process is often complicated and difficult to navigate without the help of a professional legal team. Expert witness testimony is a powerful way to support your case in court and establish the facts.

Medical experts can offer their expert opinions in two ways: by consulting and by witnessing. Experts in consulting are hired to provide specific aspects of a case like medical records or imaging studies. This is often the initial step in a medical malpractice lawsuit, before the plaintiff and the defendant agree to proceed with the trial.

A trial can be nerve-wracking and stressful for victims of medical malpractice, specifically those who suffer birth injuries, or children with chronic cognitive or physical impairments. If your case is brought to trial, you'll be required to prove the defendant's negligence. This will require that the defendant erred from the accepted standards of medical care and that the deviation resulted in the injuries of your child.