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Birth Injury Lawsuits

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

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

You will need to show that the birth injury of your child was the result of a medical professional breaching their obligation. You'll need to speak with an expert witness.

Statute of limitations

The statute of limitation sets the time limit for how long you can wait to file an action. Your case is dismissed if you miss the deadline. It does not matter how serious the injury or how valid your claim. A national birth injury firm can help you understand your state's statute of limitations and make sure that your case is filed within the proper time frame.

In most medical malpractice cases the statute of limitations begins on the date of the negligent act or the omission. Birth injuries are often difficult to spot when the baby is born. They could be discovered months or even years later. For this reason, most states have a special rule that delays the commencement of the statute of limitations for these kinds of claims until the child becomes an adult legally.

It can be difficult because under normal circumstances a person would not become an adult until they reached age 18. If your child suffers a severe birth trauma due to medical negligence, it is possible that you will need to make a claim before this legal threshold has been reached. In these instances it is imperative that you seek legal advice from a birth injury lawyer immediately. A lawyer can help preserve and obtain evidence to prove that a doctor's or another medical professional’s failure to follow accepted standards of care caused your child's condition.

Causation

The birth of a child in the world can be a stressful process. Medical professionals' mistakes could result in serious injuries that could have permanent effects for a family. If your child suffered a birth injury due to a doctor, nurse, hospital, or another medical staff member's careless actions during labor and birth, you may have an action for medical malpractice.

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

It is crucial to select an attorney with experience in birth injury cases. The lawyer will file a summons or complaint and the defendant's response is generally a yes or no. Both sides will discuss information during the discovery phase.

If the defendant is a doctor or another health care provider, their attorneys will work to settle the case outside of court. A medical malpractice lawyer with experience in negotiations with insurance companies will protect your legal rights and pursue full compensation for the injuries to your child. Many families also receive financial assistance through state-sponsored medical indemnity insurance programs. These programs can help to offset the costs of treatment and long term care for a baby with a birth defect.

Damages

In a birth injury case, damages are typically sought for both economic and non-economic losses. Economic losses can include medical bills, lost wages and the cost of medical treatment for a long-term illness such as cerebral palsy. Non-economic losses can include pain and suffering as well as loss of enjoyment life, and loss of consortium (the bond between spouses and children).

The law requires that lawyers make a convincing case using evidence to obtain compensation for their clients. Medical experts are often called upon to testify about whether or the medical professional violated the standard care and resulted in birth injuries.

Parents should hire a lawyer immediately if they suspect that a physician or hospital has acted in a negligent manner. A lawyer can assist parents avoid missing the deadline when they suspect that a doctor or hospital has committed malpractice.

A lawsuit is usually initiated by an attorney who files a Summons & Complaint against the malpractice insurance company. The defendant is given the opportunity to defend themselves and provide information about their side of story through a process known as discovery. During this stage lawyers will exchange documents and evidence, which may include expert witness testimony. Prior to going to trial attorneys typically send a bundle of demands to the malpractice insurance firm asking for a specific amount to settle the claim.

Expert Witnesses

Your attorney will need experts to testify on your behalf if you have a claim based on medical malpractice against a healthcare provider that caused birth injuries. These experts are typically other doctors or medical professionals who have experience in the field and a thorough understanding of accepted practices within that specialty. They play an important part in establishing the four components of your case: duty, breach or breach of contract, causation or damages.

Legal proceedings can be complex and difficult to navigate if medical professionals are negligent, for example, when they fail in their duty to monitor a mother’s high blood pressure, or when they deliver a child via cesarean birth instead of vaginally. Expert witness testimony can prove your case and establish the facts in the jury trial.

Medical experts can offer their expertise via consulting or testifying. Consulting experts are hired to provide particular aspects of a case, such as medical records, or imaging studies. This is often the first step in a lawsuit for medical malpractice that is before the plaintiff and defendant agree to proceed with a trial.

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