Birth Injury Lawsuits

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

A lawyer can determine if you have a legal right to compensation. They will scrutinize your medical records and other proof.

You will need to prove that the birth injury of your child was the result of medical professionals who violated their obligation. You will need an expert witness.

Statute of Limitations

The statute of limitations puts the maximum time you have to file an action. If you don't meet the deadline and file a lawsuit, it will be dismissed, no matter how valid your claim or how serious the injury. A national birth injury lawyer injury firm can help know your state's statute of limitations and make sure that your case is filed within the required timeframe.

In most medical malpractice cases the statute of limitations starts on the date of the negligent act or inaction. Birth injuries can be difficult to detect at the time of birth. They could be discovered months or years later. Because of this, many states have a specific rule that delays the commencement of the statute of limitations for these kinds of claims until the child turns legally mature.

This can be complicated because, under normal circumstances, a person would not become an adult until age 18. If your child is afflicted with serious birth trauma due to medical malpractice, it is possible that you will need to bring a lawsuit prior to the legal threshold has been reached. In these circumstances, it is critical that you seek legal advice from a lawyer for birth injuries immediately. A lawyer can assist you to preserve and gather the needed evidence to prove that your child's problem was the result of the medical professional's failure to follow the accepted standard of care.

Causation

Inviting a child into the world is a delicate process. Unfortunately, mistakes by medical professionals can cause grave injuries and long-lasting consequences for a family. If you believe that a doctor an employee, an institution, or a medical professional was negligent during the labor and birth process and caused your child to sustain injuries to his or her birth, then you may be the victim of a medical malpractice case.

Birth injury lawsuits must establish four fundamental elements, exactly as any other medical malpractice claim such as duty of care (or breach of duty), causation (or damage) and damages. Your lawyer can assist in constructing a strong case by gathering and analyzing evidence such as medical records, imaging studies and witness statements.

It is essential to choose an attorney who has experience in birth injury cases. Your lawyer will file a summons, complaint, and the defendant's response is usually a yes or no. There will also be a period of discovery during which both parties share information.

If the defendant is a doctor or other health professional, their attorneys will work to settle the case outside of court. A knowledgeable medical malpractice lawyer knows how to negotiate with insurance companies, ensuring your legal rights while seeking an equitable and full settlement for your child's injuries. Many families also receive financial assistance through state-sponsored medical indemnity insurance programs. These programs can assist in reducing the cost of treatment and long term care for a baby with a birth defect.

Damages

In the case of a Birth Injury law firms injury lawsuit, damages are typically sought for both economic and non-economic losses. Economic losses can include medical expenses, lost income, and the cost of caring for a long term condition like cerebral palsy or brain injury. Non-economic damages could include suffering and pain and loss of enjoyment life and loss of consortium (the bond between a spouse and their child).

To get compensation for their clients, lawyers must make a convincing case using evidence. The majority of the evidence comes from medical experts who be a witness as to whether or not the medical professional violated the standard of care and caused a birth injury.

It is essential that parents hire an attorney when they suspect a doctor or hospital could have committed a malpractice. A lawyer can assist parents to avoid missing the deadline if they suspect a doctor or hospital has committed a crime.

A lawsuit is generally started by an attorney filing an Summons & Complaint against the malpractice insurance company. The defendant then has the opportunity to file an Answer and provide details about their part of the story in a process called discovery. In this stage lawyers exchange documents and evidence, which may include expert witness testimony. Attorneys will often make a demand to the malpractice insurer before going to trial, asking for an amount of money in order to pay the claim.

Expert Witnesses

Your attorney will need expert witnesses on your behalf if you have a claim based on medical negligence against a healthcare provider that caused birth injuries. These experts are usually other doctors or medical professionals who are knowledgeable in a specific field and are familiar with accepted practices within their field of expertise. They could be vital in establishing the four components of your case, which include duty breach, cause and damages.

If a medical professional knowingly commits negligently, such as not monitoring a mother's high blood pressure or delivering a baby via Cesarean section instead of a vaginal birth, the legal process can become complex and difficult to navigate without the help of a professional legal team. Expert witness testimony can help prove your case and establish the facts in an in-person trial.

Medical experts can offer their expertise in two ways: consulting or testifying. Experts in consulting are hired to provide particular aspects of a case such as medical records, or imaging studies. This is usually the first step in a medical malpractice lawsuit, before the plaintiff and defendant are able to agree on the trial.

Trials can be stressful and nerve-wracking for those who suffer from medical malpractice. This is especially true in cases where a child suffers from long-term physical or cognitive impairments. If your case is brought to trial, you'll need to present evidence of the defendant's negligence, proving that the defendant erred from the accepted standard of care and that this deviation caused the injury to your child.