Birth Injury Lawsuits

Birth-related medical mistakes can have life-changing consequences. They can be extremely expensive to treat and leave families with huge financial obligations.

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

You must prove that a medical professional's breach of duty caused your child's birth injury. You will require an expert witness.

Statute of limitations

The statute of limitation sets an amount of time you have to file a lawsuit. Your case is dismissed if you miss the deadline. It doesn't matter how serious your injury or how valid your claim. A national birth injury firm can help you know 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 of limitations begins on the date of the negligent act or inaction. With birth injuries, the majority of these injuries might not be apparent at the time of the delivery and can only be discovered years or even months later. A majority of states have a policy which delays the commencement date of the statute of limitations for these types of claims, until the child becomes a legally able adult.

This can be complicated because under normal circumstances a person would not become an adult until age 18. If your child is suffering an extremely severe birth trauma as a result of medical malpractice, it's possible that you will need to file a lawsuit before this legal threshold is reached. In these cases you should seek immediate legal advice from a lawyer who specializes in birth injuries. An attorney can help keep and collect the necessary evidence to prove that your child's condition was the result of a doctor or other medical professional's failure to follow the standard of care that is accepted.

Causation

The birth of a baby is a delicate procedure. Medical professionals' mistakes could result in serious injuries that could have lasting effects for families. If your child suffered a birth injury as a result of an obstetrician, nurse, hospital, or another medical staff member's careless behavior during labor and delivery, you may have a claim for medical negligence.

Like any medical malpractice claim, a birth injury lawsuit must prove four key elements: duty of care and breach of duty, causation, and damages. Your lawyer can help you in constructing a solid case by gathering and analyzing evidence like medical records, imaging studies, and witness statements.

If you're considering a birth injury lawyers injury case, it is essential to hire an attorney with experience in these types of cases. Your lawyer can file a summons or complaint, and the defendant will typically respond with an answer. There is also a time of discovery, during which both parties exchange information.

If the defendant is a physician or another health care professional their attorneys will try to settle the case outside of court. A skilled medical malpractice lawyer is able to negotiate with insurance companies to protect your legal rights and pursuing an equitable and full settlement for your child's injuries. Many families also receive financial aid through state-sponsored medical indemnity insurance programs. These programs can help to offset the costs of treatment and long-term treatment for a baby who has a birth defect.

Damages

A birth injury lawsuit usually seeks damages for the victim's economic losses as well as non-economic. The economic losses are medical bills, lost income, and the cost to care for a long term illness such as cerebral palsy or a brain injury. Non-economic losses can include pain and suffering, loss of enjoyment of life and loss of consortium (the bond between a spouse and their child).

The law requires lawyers to create a compelling case using evidence to be able to secure compensation for clients. Medical experts are often asked to testify on whether or whether a medical professional violated the standard care and resulted in birth injuries.

Parents should contact an attorney immediately if they suspect that a physician or hospital has acted in a negligent manner. The statute of limitations could begin to expire following the time an injury occurs or after it is discovered. A lawyer can make sure that parents do not overrun this deadline.

A lawsuit is typically initiated by an attorney who files an Summons and Complaint against the malpractice insurance company. The defendant then has the opportunity to file an Answer and provide information about their part of the story in an process known as discovery. In this stage, lawyers will exchange documents and evidence, including expert witness testimony. Before going to trial, attorneys often send a package of demands to the malpractice insurance company asking for a specific amount to settle the claim.

Expert Witnesses

Your lawyer will require expert witnesses on your behalf when you make a claim for medical malpractice against a healthcare provider in connection with birth injuries. These experts are usually other doctors or medical professionals who have expertise in the relevant field and knowledge about accepted practices within that specialty. They play a crucial part in establishing the four elements of your case: breach of duty, breach or breach of contract, causation or damages.

If a medical professional knowingly commits in error, for example, not observing the mother's blood pressure or having a baby delivered via a cesarean section rather than a vaginal birth, the legal process can become complex and difficult to navigate without a knowledgeable legal team. Expert witness testimony can prove your case and establish the facts in the jury trial.

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

Trials can be stressful and nerve-wracking for those who suffer from medical negligence. This is especially the case when a child has long-term cognitive or physical impairments. If your case goes to trial, you'll have to prove the defendant's negligence by demonstrating that the defendant's actions were different from the accepted standards of care and resulted in your infant's injuries.