Birth Injury Lawsuits

Medical mistakes during childbirth can have life-changing consequences. They can be costly to treat, and leave families with huge financial obligations.

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

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

Statute of Limitations

The statute of limitation sets the maximum time you have to file a lawsuit. If you don't meet the deadline your case could be dismissed, no matter the merits of your claim or how serious the injury. A national birth injury law firm can help to be aware of the statute of limitation in your particular state and ensure that your claim is filed within the appropriate timeframe.

In most medical malpractice cases the statute of limitations starts on the date of the negligent act or inaction. Birth injuries are often difficult to identify at the time of birth. They may appear months or even years after. For this reason, most states have a particular rule that delays the start of the statute of limitations on these types of claims until the child is legally mature.

It's a difficult task due to the fact that, under normal circumstances, a person would not become adult until 18. If your child suffers an extremely severe birth trauma due to medical malpractice, it's possible that you will need to bring a lawsuit prior to the legal threshold has been met. In these instances it is imperative to seek legal advice from a birth injury lawyer immediately. An attorney can help you keep and collect the necessary evidence to show that the child's condition was the result of a medical professional's inability to follow the accepted standard of care.

Causation

The birth of a baby is a delicate event. Unfortunately, mistakes by medical professionals can result in serious injuries and lifelong consequences for a family. If your child was injured during birth injury due to an obstetrician, nurse, hospital, or other medical staff member's negligent actions during labor and delivery, you may have an action for medical malpractice.

Like any other medical malpractice claim, a lawsuit for birth injuries requires the establishment of four main elements - duty of care, breach of duty, causation, and damages. Your lawyer can help you make a convincing case by gathering and analyzing evidence like medical records, imaging studies witness statements, and expert testimony.

If you are pursuing a birth injury case, it is important to consult an attorney who is familiar with these types of cases. Your lawyer can file a summons and complaint and the defendant should respond with an answer. There is also a time of discovery, where both parties share information.

If the defendant is a doctor or other health care provider their attorneys will attempt to settle the matter outside of court. A seasoned medical malpractice lawyer understands how to negotiate with insurance companies, safeguarding your legal rights while seeking an equitable and full settlement for the injury your child sustained. Many families also receive financial help through state-sponsored medical indemnity schemes. These programs can assist in reducing the cost of treatment and long-term care for babies born with a birth defect.

Damages

In a birth injury case, damages are usually sought for both economic and non-economic losses. Economic losses can include medical expenses as well as lost income and the cost of care for an ongoing illness such as cerebral palsy or brain injury. Non-economic damages can include pain and discomfort, loss of enjoyment of living, and loss of consortium (the bond between a spouse's child and their spouse).

In order to obtain compensation for their clients, lawyers must make a convincing case using evidence. Most often, the evidence is provided by medical experts who provide evidence as to whether medical professionals violated the standard of medical care and caused an birth injury.

Parents should hire a lawyer immediately if they suspect that a doctor or hospital has committed malpractice. A lawyer can help parents avoid missing the deadline when they suspect that a physician or hospital has committed a crime.

A lawsuit generally begins with an attorney filing an Summons and Complaint against the malpractice insurance company. The defendant has the chance to answer and provide evidence about their side of the incident through a process known as discovery. During this phase attorneys will share documents and evidence with one the other, including expert testimony. Attorneys will often make a demand to the malpractice insurer before going to trial, requesting a certain dollar amount to pay the claim.

Expert Witnesses

Your lawyer will require experts to testify on your behalf if you have a claim based on medical malpractice against a healthcare provider due to birth injury law firms injuries. They are usually medical professionals or doctors with expertise in a specific area and have a solid understanding of the accepted practices in their specialty. They can be essential in establishing four elements of your case, including duty breach, cause and damages.

Legal proceedings can be complex and difficult to navigate when medical professionals are negligent, such as when they fail in their duty to monitor the mother's blood pressure, or deliver a child via cesarean birth instead of vaginally. Expert witness testimony can support your case and establish the facts in the trial of a jury.

Medical experts can provide their opinions on medical issues via consulting or providing testimony. Experts are hired as consulting experts to explain certain aspects of a case such as medical records and imaging studies. This is often the initial step in a lawsuit for medical malpractice prior to the plaintiff and the defendant agree to proceed with a trial.

Trials are stressful and nerve-wracking for victims of medical negligence. This is especially the case in cases where a child has long-term cognitive or physical impairments. If your case is brought to trial, you'll have to present evidence of the defendant's negligence, proving that the defendant erred from the accepted standard of medical care and that the deviation caused your infant's injuries.