Birth Injury Lawsuits

Birth-related medical errors can result in life-changing consequences. They can be very costly to treat and leave families with significant financial obligations.

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

You will need to show that the birth injury to your child was caused by medical professionals not fulfilling their duty. You will require an expert witness.

Statute of Limitations

The statute of limitation imposes a limit on the time that you can file a suit. If you don't meet the deadline your case could be dismissed, no matter how legitimate your claim is or how serious the injury. A national birth injury lawyer can help you learn about your state's statute of limitations and make sure that your case is filed within the required timeframe.

In most medical malpractice lawsuits, the statute begins to run from the date the negligent act was committed or omitted. Birth injuries can be difficult to detect during the time of delivery. They may appear months or years after. For this reason, most states have a specific rule that delays the commencement of the statute of limitations on these types of claims until the child is a legal adult.

This can be complicated because, under normal circumstances, people do not become an adult until they reached age 18. However, if your child suffers from an extreme birth injury due to medical malpractice it could be necessary to file a claim before the legal threshold is reached. In these instances, you should seek legal advice immediately from a lawyer who specializes in birth injuries. A lawyer can help preserve and collect evidence to show the doctor's or any other medical professional’s failure to follow accepted standards of care caused the child's condition.

Causation

The birth of a baby is a delicate and delicate process. Unfortunately, errors made by medical professionals can result in grave injuries and long-lasting consequences for a family. If your child suffered a birth injury because of the negligence of a nurse, doctor, hospital, or another medical staff member's careless behavior during labor and delivery, you may have an action for medical malpractice.

As with any medical malpractice claim, a birth injury attorneys injury lawsuit requires the establishment of four main elements - duty of care, breach of duty damages, and causation. Your lawyer can assist you in constructing a solid case by analyzing and gathering evidence such as medical records, imaging studies, and witness statements.

If you're considering a birth injury case, it is important to have an attorney who has experience in these cases. Your lawyer can file a summons or complaint, and the defendant will generally respond with an answer. Both sides will share information during the discovery phase.

If the defendant is a doctor or another health care provider their lawyers will attempt to settle the case out of the courtroom. An experienced medical malpractice lawyer is able to negotiate with insurance companies, protecting your legal rights while seeking the full and fair compensation for your child's injuries. Many families also receive financial assistance through state-sponsored medical indemnity programs. These programs can help to offset the cost of treatment and long term treatment for a child with an anomaly in the birth.

Damages

A birth injury lawsuit typically claims damages for a victim's economic losses as well as non-economic. These losses may include medical bills, lost wages and the cost of treatment for a long-term illness such as cerebral palsy. Non-economic damages can include suffering and pain as well as loss of enjoyment life and loss of consortium (the bond between parents and children).

In order to get compensation for their clients, lawyers need to construct a strong case using evidence. Often, the evidence is provided by medical experts who can provide evidence as to whether the medical professional breached the standard of medical care and caused an birth injury.

Parents should seek out an attorney immediately if they suspect that a physician or hospital has committed a malpractice. The statute of limitations can start to count down following the time an injury occurs or after it is discovered. A lawyer can make sure that parents do not be late in meeting the deadline.

A lawsuit usually starts with an attorney filing an Summons and Complaint against the malpractice insurer. The defendant then has the opportunity to file an Answer and provide information about their claim through a process called discovery. In this phase lawyers will exchange documents and evidence, including expert witness testimony. Attorneys usually send a demand letter to the malpractice insurance company before going to trial, asking for a certain dollar amount to settle the claim.

Expert Witnesses

When you file an medical malpractice claim against a healthcare provider for birth injuries, your lawyer typically requires experts to provide testimony on your behalf. They are usually doctors or medical professionals with expertise in a particular field and are aware of accepted practices within their area of expertise. They can play a critical part in establishing the four elements of your case: breach of duty or breach of contract, causation or damages.

Legal proceedings can be complicated and difficult to navigate when medical professionals are negligent, for instance, if they fail in their duty to monitor a mother’s high blood pressure, or deliver a baby via cesarean delivery instead of vaginally. Expert witness testimony can support your case and establish the facts in an in-person trial.

Medical experts can offer their expert opinions in two ways: consulting and witnessing. Consulting experts are hired to provide specific aspects of a particular case, like medical records or imaging studies. This is usually the first step in a lawsuit for medical malpractice prior to the plaintiff and the defendant agree to proceed with the trial.

Trials can be stressful and nerve-wracking for victims of medical malpractice. This is especially true in the case of a child who has long-term cognitive or physical impairments. If your case is brought to trial, you will need to show the defendant's negligence. This is proving that the defendant erred from the standard of care and that the deviation caused the injuries to your child.