Birth Injury Lawsuits

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

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

You will need to prove that the birth injury to your child was caused by medical professionals who violated their obligation. You'll have to consult an expert witness.

Statute of Limitations

The statute of limitation imposes a limit on the time you have to file a suit. If you fail to file by the deadline, your case will be dismissed, regardless of the validity of your claim or how serious the injury. A national law firm can help you to learn about the statute of limitations in your state and make sure that your claim is filed within the required timeframe.

In the majority of medical malpractice cases the statute begins to run from the date the negligent act was committed or not done. With birth injury lawyer injuries, many of these injuries may not be evident at the time of the delivery and can only be identified months or even years afterward. For this reason, most states have a specific rule that delays the onset of the statute of limitations for these types of claims until the child is legally mature.

This is a challenge because in normal circumstances, people do not become an adult until age 18. However, if your child suffers a severe birth injury caused by medical malpractice You may need to file a claim before the legal threshold is reached. In these instances, you should seek immediate legal advice from a specialist lawyer in birth injuries. An attorney can assist you save and gather the required evidence to show that the child's condition was the result of an medical professional's inability to adhere to the accepted standards of care.

Causation

Inviting a child into the world is a delicate procedure. Mistakes by medical professionals can cause serious injuries that can have lifelong effects for a family. If your child suffered a birth injury due to an obstetrician, nurse, hospital, or other medical staff member's negligence during labor and delivery, you may have an action for medical malpractice.

Birth injury lawsuits must establish four main elements, just like any medical malpractice claim which includes duty of care (or breach of duty), causation (or damage), and damages. A lawyer can help build a strong case, collecting and analyzing evidence such as medical documents, imaging studies, witness statements, and expert testimony.

When you're pursuing a birth-related injury case, it is important to consult an attorney who is experienced in these types of cases. Your lawyer may file a summons and complaint, and the defendant is expected to respond with an answer. There is also a time of discovery in which both sides share information.

If the defendant is a doctor or another health professional, their attorneys will work to settle the matter outside of the courtroom. A medical malpractice lawyer with experience in negotiating with insurance companies will protect your legal rights and pursue full compensation for the harm to your child. Additionally many families receive financial aid through the state's medical indemnity plans, which can help offset the cost of treatment and long-term medical care for a child suffering from an injury at birth.

Damages

A birth injury lawsuit usually demands damages for the victim's economic losses and non-economic losses. The economic losses are medical bills or income loss, as well as the cost of care for a chronic condition like cerebral palsy or a brain injury. Non-economic damages include pain or discomfort in the body, loss of enjoyment living, and loss or consortium (the bond between the child of a spouse and their spouse).

The law requires lawyers to present a convincing argument with evidence in order to win compensation for clients. Most often, the evidence is provided by medical experts who testify as to whether the medical professional acted in violation of the standard of care and triggered a birth injury.

It is crucial for parents to hire an attorney whenever they suspect a doctor or hospital might have committed malpractice. A lawyer can help parents avoid missing the deadline in case they suspect a doctor or hospital has been guilty of malpractice.

A lawsuit is usually initiated by an attorney who files a Summons & Complaint against the malpractice insurance company. The defendant is then given the option of filing an Answer and provide details about their version of the story through a process called discovery. In this phase attorneys will exchange documents and evidence with each others, including expert testimony. Attorneys typically send a demand letter to the malpractice insurance company prior to going to trial, requesting the amount in dollars to pay the claim.

Expert Witnesses

When you file a medical malpractice lawsuit against a healthcare provider for birth injuries, your attorney will often need expert witnesses to testify on your behalf. These experts are usually other medical professionals or doctors with expertise in a specific area and know accepted practices within their area of expertise. They are crucial in establishing four aspects of your case, such as duty breach, cause, and damages.

If a medical professional has committed carelessness, like not monitoring a mother's high blood pressure or having a baby delivered via a cesarean section instead vaginal birth, the legal procedure may become complicated and difficult to navigate without the help of a professional legal team. Expert witness testimony can be a powerful evidence to support your case at trial and establish the facts.

Medical experts can offer their professional opinions in two ways: consulting or by testifying. Experts in consulting are hired to explain specific aspects of a case, such as medical records or imaging studies. This is usually the first step in a lawsuit for medical malpractice in which the plaintiff and defendant agree to go ahead with a trial.

Trials are stressful and nerve-wracking for those who suffer from medical malpractice. This is especially the case when a child has long-term cognitive or physical impairments. If your case is taken to trial, you'll need to establish the defendant's culpability. This involves proving that the defendant's actions were not in accordance with the standard of care and that the deviation resulted in the injuries to your child.