Birth Injury Lawsuits

Medical errors during childbirth can have life-altering consequences. They can be extremely costly to treat and result in families facing significant financial burdens.

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

You must prove that the birth injury of your child was caused by a medical professional breaching their obligation. You will need an expert witness.

Statute of Limitations

The statute of limitations sets the time limit for how long you have to wait before filing an action. Your case will be dismissed if you fail to meet the deadline. It does not matter how serious the injury or how valid your claim. A national birth injury firm can help learn about your state's statute of limitations and ensure that your case is filed within the required timeframe.

In most medical malpractice claims, the statute begins to run on the date the negligent action was committed or omitted. Birth injuries are often difficult to spot at the time of birth injury lawyers. They may appear months or years later. Many states have a law that delays the start date of the statute of limitations for these types of claims, until the child turns legally able adult.

This can be complicated because under normal circumstances a person would not become an adult until they reached the age of 18. If your child is suffering a severe birth trauma as a result of medical malpractice, it's possible that you'll have to make a claim before this legal threshold has been met. In these cases it is imperative that you seek legal advice from a lawyer for birth injuries immediately. An attorney can assist in preserving and collect evidence to show that a doctor's or another medical professional's inability to adhere to accepted standards of care caused the child's condition.

Causation

Bringing a child into the world can be a stressful process. Unfortunately, errors made by medical professionals can lead to serious injuries and lifelong consequences for families. If you believe that a doctor, a nurse, an institution, or a member of the medical staff was negligent during the labor and birth process and caused your child to sustain a birth injury attorney injury, then you could be a victim of a medical negligence case.

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

It is important to hire an attorney with experience in cases involving birth injuries. Your lawyer will file a summons, complaint, and the defendant's reply is generally a yes or no. There will also be a period of discovery in which both sides share information.

If the defendant is a physician or another health care professional their lawyers will work on settling the matter outside of court. An experienced medical malpractice lawyer understands how to negotiate with these insurance companies to protect your legal rights and pursuing an equitable and full settlement for your child's injuries. In addition many families receive financial aid through the state's medical indemnity program, which can help pay for treatment and long-term care for a child with a birth injury.

Damages

In a birth injury case, damages are usually sought for both economic and non-economic losses. These losses may include medical bills, lost wages and the cost of care for a chronic condition such as cerebral palsy. Other damages that are not economic include pain and discomfort in the body, loss of enjoyment living, and loss or consortium (the bond between a spouse's child and their spouse).

In order to get compensation for their clients, lawyers must construct a strong case using evidence. Typically, the evidence is provided by medical experts who testify as to whether the medical professional acted in violation of the standard of care and triggered a birth injury.

It is important for parents to get an attorney immediately they begin to suspect a doctor or hospital might have acted in a negligent manner. The statute of limitations may begin to expire when the injury occurs or is discovered, and a lawyer can make sure that parents don't be late in meeting this deadline.

A lawsuit is usually initiated by an attorney who files an Summons and Complaint against the malpractice insurance company. The defendant is entitled to defend themselves and provide information on their side of the story by completing a procedure called discovery. During this phase, attorneys will exchange documents and evidence with one other, including expert testimony. Before proceeding to trial, attorneys will often submit a set of demands to the malpractice insurance company asking for a certain amount to settle the claim.

Expert Witnesses

If you are filing a medical malpractice lawsuit against a medical professional for birth injuries, your attorney will often need expert witnesses to be able to testify on your behalf. These experts are typically other doctors or medical professionals with expertise in a relevant field and an understanding of the accepted practices in that field. They play an important part in establishing the 4 elements of your case: breach of duty causation, damages and breach.

When a medical professional commits in error, for example, failing to check the mother's blood pressure or having a baby delivered via a cesarean section instead vaginal birth Injury Attorneys, the legal process can be complicated and difficult to navigate without a knowledgeable legal team. Expert witness testimony can be used to prove your case and establish the facts in an in-person trial.

Medical experts can provide their professional opinions in two ways: by consulting or providing testimony. Experts are hired as consulting experts to explain certain aspects of a particular case, such as medical records and imaging studies. This is often the first step in a medical malpractice lawsuit, before the plaintiff and the defendant agree to go ahead with the trial.

Trials can be stressful and nerve-racking for those who have suffered from medical malpractice. This is especially the case in the case of a child who is suffering from long-term physical or cognitive impairments. If your case is brought to trial, you'll be required to prove the defendant's negligence by demonstrating that they strayed from the accepted standard of care and caused your infant's injuries.