Birth Injury Lawsuits

Medical mistakes during childbirth could cause life-altering effects. They can be costly to treat, and leave families with huge financial obligations.

A lawyer can decide whether you are entitled to a claim for compensation. They will review your medical documents and other evidence.

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

Statute of limitations

The statute of limitations sets the maximum time you can wait to file an action. If you miss the deadline, your case will be dismissed, no matter how valid your claim or how serious the injury. A national birth injury firm can help you understand your state's statute of limitations and make sure that your case is filed within the correct timeframe.

In the majority of medical malpractice cases the statute begins to run from the date that the negligent act was committed or omitted. With birth injuries, the majority of these injuries might not be evident at the time of the birth and may only be discovered months or even years later. Most states have a rule that delays the date of commencement of the statutes of limitation for these types of claims, until the child has become a legal adult.

This can be a bit complicated since, under normal circumstances, an individual would not be an adult until the age of 18. However, if your child is suffering from a severe birth injury due to medical malpractice it could be necessary to file a claim before this legal threshold is met. In these cases you must seek immediate legal advice from a specialist lawyer in birth injury lawyer injuries. An attorney can assist in preserving and obtain evidence to prove that a doctor's medical professional’s failure to follow accepted standards of care led to your child's illness.

Causation

Bringing a child into the world is a delicate task. Unfortunately, mistakes made by medical professionals can cause severe injuries and lasting consequences for a family. If you think that a doctor, an employee, an institution, or a member of the medical staff was negligent during the birth process and caused your child to sustain a birth injury, then you may have an medical malpractice case.

Birth injury lawsuits must prove four essential elements, just like any medical malpractice case such as duty of care (or breach of duty) and causation (or Birth Injury Lawsuits damage) and damages. Your lawyer can assist you make a convincing case by gathering and analyzing evidence, such as medical records, imaging studies witness statements and expert testimony.

It is important to hire an attorney with experience in birth injury cases. Your lawyer will file a summons or complaint and the defendant's response is typically a yes or no. There is also a time of discovery in which both parties share information.

If the defendant is a doctor or another health professional the lawyers will try to settle the case outside of the courtroom. A medical malpractice lawyer who has the experience of negotiation with insurance companies will defend your legal rights, and will seek full compensation for the injuries to your child. Many families also receive financial assistance through state-sponsored medical indemnity insurance programs. These programs can assist in reducing the costs of treatment and long term care for babies born with an anomaly in the birth.

Damages

A birth injury lawsuit typically demands damages for the victim's economic losses as well as non-economic. Economic losses can include medical expenses, lost wages and the cost of treatment for a chronic condition such as a brain injury or cerebral palsy. Non-economic damages can include pain and suffering as well as loss of enjoyment life and loss of consortium (the bond between the spouse and child).

To obtain compensation for their clients, lawyers need to build a solid case with evidence. Typically, the evidence is provided by medical experts who testify about whether or not the medical professional breached the standard of care and triggered a birth injury.

Parents should consult an attorney as soon as they suspect that a doctor or hospital has acted in a negligent manner. The statute of limitations may begin to run out after the injury occurs or when it is discovered. A lawyer can make sure that parents do not overrun this deadline.

A lawsuit is generally started by an attorney filing a Summons & Complaint against the malpractice insurance company. The defendant is then given the opportunity to file an Answer and provide details about their version of the story through an process known as discovery. In this phase attorneys will discuss evidence and documents with each the other, including expert testimony. Before proceeding to trial, attorneys typically send a bundle of demands to the malpractice insurance company, asking for a certain amount to pay any claim.

Expert Witnesses

If you are filing a medical malpractice lawsuit against a medical professional for birth injuries, your attorney typically requires expert witnesses to provide testimony on behalf of you. These experts are typically medical professionals or doctors with expertise in a specific field and are familiar with accepted practices within their specialty. They can be essential in establishing the four components of your case, including duty breach, cause, and damages.

If a medical professional has committed negligently, such as failing to monitor a mother's high blood pressure or having a baby delivered via a cesarean section instead vaginal birth, the legal process is often complicated and difficult to navigate without the help of a professional legal team. Expert witness testimony can be a powerful evidence to support your case at trial and establish the facts.

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

Trials can be stressful and stressful for victims of medical malpractice, particularly when it comes to birth injuries that involve children with long-term physical or cognitive impairments. If your case is brought to trial, you'll need to present evidence of the defendant's negligence by demonstrating that the defendant erred from the accepted standard of care and caused your infant's injuries.