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Birth Injury Lawsuits

Birth-related medical mistakes could have 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 claim to compensation. They will scrutinize your medical documents and other evidence.

You'll need to prove that medical professionals' breach of duty resulted in the birth injury of your child. You'll need to speak with an expert witness.

Statute of Limitations

The statute of limitation limits the time period you must make a claim. Your case is dismissed when you miss the deadline. It isn't a matter of how serious your injury is or how legitimate your claim. A national birth injury law firm can help to learn about the statute of limitations in your state and ensure that your claim is filed within the correct timeframe.

In the majority of medical malpractice claims the statute of limitations begins to run on when the negligent act was committed or omitted. However, with birth injuries, some of these injuries may not be apparent at the time of birth and may only be discovered years or even months afterward. For this reason, most states have a special rule that delays the start of the statute of limitations on these types of claims until the child becomes legally mature.

It's not easy because, in normal circumstances, an individual is not considered to be an adult until the age of 18. If your child has serious birth trauma due to medical negligence, it is possible that you'll need file a lawsuit before this legal threshold has been reached. In such cases it is recommended that you seek immediate legal advice from a lawyer that specializes in birth injuries. A lawyer can help you preserve and gather evidence to show that a doctor's or other medical professional's inability to adhere to accepted standards of care caused your child's illness.

Causation

The birth of a child is a delicate procedure. Medical professionals' mistakes could cause serious injuries, which can have long-lasting effects on a family. If you believe that a doctor an employee of a hospital, or another member of the medical staff was negligent during the birth process and caused your child to sustain injuries to his or her birth, then you could be a victim in a medical negligence case.

As with any medical malpractice claim, a birth injury lawsuit must prove four key elements - duty of care, breach of duty causation, and damages. Your lawyer can assist you create a convincing case, taking and analyzing evidence such medical records, imaging studies witness statements and expert testimony.

When you're pursuing a birth-related injury case, it's important to have an attorney who is experienced in these cases. Your lawyer can file a summons as well as a complaint and the defendant will typically respond with an answer. Both sides will exchange information during the discovery phase.

If the defendant is a doctor or other health care provider their attorneys will try to settle the matter outside of court. A seasoned medical malpractice lawyer is able to negotiate with insurance companies, ensuring your legal rights and pursuing the full and fair compensation for your child's injuries. In addition many families receive financial assistance from the state's medical indemnity program, which can help offset the cost of treatment and long-term medical care for a child suffering from a birth injury.

Damages

A birth injury lawsuit usually will seek damages for economic losses and non-economic losses. Economic losses could include medical bills, lost wages and the cost of treatment for a chronic condition such as a brain injury or cerebral palsy. Non-economic damages can include pain and suffering 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 build a solid case with evidence. Medical experts are often called upon to testify whether or the medical professional violated the standard of care and resulted in birth injuries.

Parents should seek out a lawyer immediately if they suspect that a physician or hospital has committed a mistake. The statute of limitation may start to count down after the incident occurs or after it is discovered. A lawyer can make sure that parents do not be late in meeting the deadline.

A lawsuit is generally started by an attorney filing an Summons & Complaint against the malpractice insurance company. The defendant is able to answer and provide information about their side of story through a process known as discovery. During this stage attorneys will discuss documents and evidence with one and will also exchange expert testimony. Prior to going to trial attorneys typically send a bundle of demands to the malpractice insurance firm asking for a specific amount to pay any claim.

Expert Witnesses

If you are filing an medical malpractice claim against a healthcare professional for birth injuries, your lawyer will typically require experts to testify on your behalf. They are usually other medical professionals or doctors with experience in the area and are knowledgeable about accepted practices within that specialty. They could be vital in establishing the four elements of your case, such as duty breach, cause, and damages.

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

Medical experts can provide their professional opinions through two methods: consulting or by testifying. Experts are hired as consultant experts to provide specific aspects of a case such as medical records and imaging studies. This is typically the first step in a medical malpractice suit before the plaintiff or defendant agrees to go ahead with the trial.

A trial can be nerve-wracking and stressful for those who suffer of medical malpractice, particularly in birth injury cases involving children who have permanent cognitive or physical impairments. If your case is brought to trial, you will need to demonstrate the defendant's negligence. This involves proving that the defendant's actions were not in accordance with the accepted standard of care and that the deviation caused the injuries to your child.