Birth Injury Lawsuits

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

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

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

Statute of Limitations

The statute of limitation limits the time that you can make a claim. 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 lawyer can help you know your state's statute of limitations and make sure that your case is filed within the proper time frame.

In the majority of medical malpractice cases the statute of limitation starts at the time of the negligent act or the omission. Birth injuries can be difficult to detect when the baby is born. They may appear months or years after. The majority of states have a rule which delays the commencement date of the statutes of limitation for these kinds of claims, until the child has become a legally able adult.

It can be a challenge because, in normal circumstances, a person would not become adult until 18. However, if your child suffers a severe birth injury caused by medical malpractice you may have to file a claim before this legal threshold is met. In these situations it is imperative that you seek legal advice from a birth injury lawyer immediately. An attorney can assist in preserving and obtain evidence to prove that a doctor's or other medical professional's negligence in observing accepted standards of care caused your child's illness.

Causation

The birth of a child in the world is a delicate task. Unfortunately, mistakes by medical professionals can cause severe injuries and lasting consequences for families. If your child suffered a birth injury due to a doctor, nurse, hospital, or another medical staff member's careless behavior during labor and delivery, you may have a claim for medical negligence.

As with any malpractice claim, a birth injury lawsuit must prove four key elements - duty of care and breach of duty, causation, 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.

It is crucial to find an attorney who is experienced in birth injury cases. Your lawyer can file a summons and complaint and the defendant is expected to respond with an answer. Both sides will discuss information during the discovery phase.

If the defendant is a physician or other health provider, their lawyers will attempt to settle the case outside of court. A skilled medical malpractice lawyer is able to negotiate with these insurance companies, safeguarding your legal rights while seeking an equitable and full settlement for your child's injuries. Additionally, many families receive financial support through a state's medical indemnity plans, which can help offset the cost of treatment and long-term care of a child who has suffered a birth injury.

Damages

A birth injury lawsuit typically demands damages for the victim's economic losses as well as non-economic. Economic losses can include medical bills, lost wages, and the cost of medical treatment for a long-term condition like cerebral palsy. Non-economic damages include pain or discomfort as well as loss of enjoyment 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 create a strong case backed by evidence. Typically, the evidence comes from medical experts who can be a witness as to whether or not the medical professional violated the standard of care and caused a birth injury.

Parents should hire an attorney immediately if they suspect that a physician or hospital has committed a malpractice. The statute of limitations could begin to expire after the injury occurs or is discovered. A lawyer can make sure that parents do not overrun this deadline.

A lawsuit usually begins with an attorney filing an Summons and Complaint against the malpractice insurance company. The defendant is then given the opportunity to file an Answer and provide details about their part of the story in an process known as discovery. In this stage lawyers exchange documents and evidence, which may include expert witness testimony. Attorneys often send a demand packet to the malpractice insurer prior to going to trial, asking for a certain dollar amount to pay the claim.

Expert Witnesses

Your lawyer will require experts to testify on your behalf when you file a claim for medical malpractice against a healthcare provider in connection with birth injuries. They are usually doctors or medical professionals who are experts in a specific field and are aware of accepted practices within their specialty. They can play a critical role in establishing the four components of your case: breach of duty, causation and damages.

Legal proceedings can be a bit complicated and difficult to navigate if medical professionals are negligent, for instance, if they fail to keep track of a mother’s high blood pressure, or when they deliver a baby by cesarean instead of vaginally. Expert witness testimony can be a powerful evidence to support your case in a trial and establish the facts.

Medical experts can offer their expert opinions in two different ways: consulting and witnessing. Experts are hired as consultative experts to explain certain aspects of a particular case, such as imaging studies and medical records. This is typically the first stage in a medical negligence suit before the defendant or plaintiff agrees to commence the trial.

Trials can be stressful and stressful for those who suffer of medical malpractice, specifically in birth injury cases involving children who suffer from permanent cognitive or physical impairments. If your case is brought to trial, you'll have to present evidence of the defendant's negligence. You must prove that the defendant's actions were different from the accepted standard of care and that this deviation caused your infant's injuries.