Birth Injury Lawsuits

Birth-related medical mistakes can have life-changing consequences. They can be very costly to treat and cause families to be faced with substantial financial burdens.

A lawyer can tell if you have a claim for compensation. They will scrutinize your medical records and other evidence.

You'll need to prove that medical professionals' breach of duty caused the birth injury to your child. You'll need to talk with an expert witness.

Statute of limitations

The statute of limitations puts a limit on how long you have to wait before filing an action. If you do not file your lawsuit by the deadline your case could be dismissed, regardless of how valid your claim or how serious the injury. A national birth injury firm can help comprehend your state's statutes of limitations and make sure that your case is filed within the proper timeframe.

In most medical malpractice lawsuits the statute begins to run on the date that the negligent act was committed or omitted. But with birth injuries, some of these injuries may not be apparent at the time of birth, and are only discovered months or even years later. For this reason, most states have a rule that delays the beginning of the statute of limitations on these types of claims until the child becomes an adult legally.

It's a difficult task since, under normal circumstances, lawsuits a person will not be considered an adult until 18. If your child suffers from an extreme birth injury due to medical malpractice you may have to file a claim prior to the legal threshold has been reached. In such cases you should seek legal advice immediately from a lawyer who specializes in birth injuries. An attorney can help preserve and collect evidence to show the doctor's or any other medical professional's failure to adhere to accepted standards of care caused your child's condition.

Causation

The process of bringing a child into the world is a delicate procedure. The mistakes of medical professionals can cause serious injuries that have permanent effects for a family. If you think that a doctor, a nurse, hospital, or any other medical professional was negligent during the labor and birth process and caused your child to suffer a birth injury, then you could be a victim of a medical malpractice claim.

Birth injury lawsuits must prove four fundamental elements, exactly like any medical malpractice claim: duty of care (or breach of duty) and causation (or damage) and damages. Your lawyer can assist in constructing a strong case by analyzing and gathering evidence such as medical records, imaging studies and witness statements.

It is crucial to select an attorney with experience in birth injury cases. Your lawyer can file a summons and complaint and the defendant will generally respond with an answer. There will also be a period of discovery, during which both sides share information.

If the defendant is a physician or other health provider, their attorneys 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 demand complete compensation for the injury to your child. Many families also receive financial help through state-sponsored medical indemnity plans. These programs can help to offset the cost of treatment and long-term treatment for a baby who has a birth defect.

Damages

A birth injury lawsuit typically demands damages for the victim's economic losses as well as non-economic. Economic losses may include medical bills or income loss, as well as the cost of caring for the long-term illness such as cerebral palsy or a brain injury. Non-economic damages could include suffering and pain and loss of enjoyment life, and loss of consortium (the bond between parents and children).

The law requires lawyers to create a compelling case using evidence to obtain compensation for clients. Medical experts are often called upon to testify as to whether or whether a medical professional violated the standard care and resulted in birth injuries.

Parents should contact an attorney right away if they suspect that a doctor or hospital has acted in a negligent manner. A lawyer can assist parents avoid missing the deadline in case they suspect a doctor or hospital has committed a crime.

A lawsuit usually begins with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant then has the option of filing an Answer and provide information about their side of the story through an process known as discovery. During this phase attorneys will share evidence and documents with each others, including expert testimony. Attorneys will often send a demand letter to the malpractice insurer prior to proceeding to trial, asking for an amount of money in order to pay the claim.

Expert Witnesses

If you are filing an medical malpractice claim against a healthcare provider due to birth injuries, your attorney will often need experts to give testimony on behalf of you. They are typically other medical professionals or doctors with expertise in a specific field and know accepted practices within their specialty. They can play a critical part in establishing the four pillars of your case: duty, breach, causation and damages.

If a medical professional knowingly commits carelessness, like not observing the mother's blood pressure or the delivery of a baby via a cesarean section rather than a vaginal birth, the legal procedure can be complicated and difficult to navigate without a skilled legal team. Expert witness testimony is an effective evidence to support your case during a trial and establish the facts.

Medical experts can offer their opinions on medical issues in two ways: consulting or speaking in court. Experts are hired as consulting experts to explain certain aspects of a case such as imaging studies and medical records. This is usually the first step in a medical malpractice lawsuit in which the plaintiff and the defendant agree to go ahead with a trial.

A trial can be nerve-wracking and stressful for victims of medical malpractice, particularly in birth injury cases involving children with permanent 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 care and resulted in your infant's injuries.