Birth Injury Lawsuits

Birth-related medical errors can cause life-altering effects. They can be very costly to treat and leave families with huge financial obligations.

A lawyer can assess whether you have a legal right to compensation. They will review your medical documents and other evidence.

You will need to prove that the birth injury to your child was the result of a medical professional breaching their duty. You will need an expert witness.

Statute of Limitations

The statute of limitation imposes a limit on the time period you must bring a lawsuit. If you do not file your lawsuit by the deadline, your case will be dismissed, no matter the merits of your claim or how serious the injury. A national birth injury firm can help you understand your state's statute of limitations and ensure that your case is filed within the required timeframe.

In most medical malpractice cases the statute of limitation begins on the date of the negligent act or error. With birth injuries, some of these injuries may not be apparent at the time of birth and may only be found months or even years later. Because of this, many states have a particular rule that delays the start of the statute of limitations on these types of claims until the child is a legal adult.

It can be a challenge because, in normal circumstances, a person does not become an adult until the age of 18. If your child has serious birth trauma due to medical negligence, it is possible that you'll have to start a lawsuit before this legal threshold has been met. In these instances you must seek immediate legal advice from a lawyer who specializes in birth injuries. An attorney can assist you keep and collect the necessary evidence to prove that your child's condition was caused by a medical professional's inability to adhere to the accepted standard of care.

Causation

The process of bringing a child into the world can be a stressful process. Unfortunately, mistakes by medical professionals can result in serious injuries and lifelong consequences for families. If you believe that a doctor, or nurse, hospital, or other medical professional was negligent during the labor and birth process and caused your child to sustain a birth injury, then you may have a medical negligence case.

Birth injury lawsuits must establish four essential elements, just like any medical malpractice case which includes duty of care (or breach of duty) and causation (or damage), and damages. Your lawyer can assist you in constructing a strong case by gathering and analyzing evidence such as medical documents, imaging studies, and witness statements.

It is crucial to find an attorney who is experienced in cases involving birth injuries. Your lawyer can file a summons as well as a complaint, and the defendant will generally respond with an answer. Both sides will share information during the discovery phase.

If the defendant is a physician or another health care professional their lawyers will seek to settle the case outside of court. A seasoned medical malpractice lawyer understands how to negotiate with insurance companies, protecting your legal rights and pursuing full and fair compensation for your child's injury. Many families also receive financial aid through state-sponsored medical indemnity plans. These programs can assist in reducing the costs of treatment and long term treatment for a baby who has an anomaly in the birth.

Damages

In the case of a birth injury lawsuit, damages are typically sought for both economic and non-economic losses. Economic losses could include medical bills, lost wages and the cost of treatment for a chronic illness like cerebral palsy. Non-economic damages include pain and discomfort and loss of enjoyment of living, and loss of consortium (the bond that exists between a child of a spouse and their spouse).

To obtain compensation for their clients, lawyers must make a convincing case using evidence. Medical experts are often asked to testify on whether or not a medical professional has violated the standard care and resulted in birth injuries.

Parents should seek out an attorney right away if they suspect that a physician or hospital has committed a mistake. A lawyer can assist parents avoid missing the deadline in case they suspect that a doctor or hospital has committed a crime.

A lawsuit is usually brought by an attorney who files an Summons & Complaint against the malpractice insurance company. The defendant is then given the option of filing an Answer and provide information about their part of the story in the process of discovery. During this phase lawyers exchange documents and evidence, including expert witness testimony. Prior to going to trial attorneys often send a list of demands to the malpractice insurance firm asking for a certain amount to settle the claim.

Expert Witnesses

When you file an medical malpractice claim against a healthcare provider due to birth injury attorneys injuries, your lawyer will often need expert witnesses to provide testimony on behalf of you. These experts are usually other physicians or medical professionals with experience in the field and a thorough understanding of accepted practices within the field of. They are crucial in establishing the four elements of your case, including duty breach, cause, and damages.

When a medical professional commits in error, for example, failing to check a mother's high blood pressure or delivering a baby via cesarean section rather than a vaginal birth, the legal procedure may become complicated and difficult to navigate without a knowledgeable legal team. Expert witness testimony is a powerful tool to prove your case in a trial and establish the facts.

Medical experts can provide unbiased opinions in two ways: by consulting and by testifying. Experts are hired as consultative experts to explain certain aspects of a particular case, such as imaging studies and medical records. This is often the first step in a lawsuit for medical malpractice in which the plaintiff and defendant are able to agree on a trial.

Trials can be stressful and stressful for victims of medical malpractice, specifically when it comes to birth injuries that involve a child with chronic cognitive or physical impairments. If your case goes to trial, you'll be required to present evidence of the defendant's negligence. This will require that they strayed from the accepted standard of care and that this deviation resulted in your infant's injuries.