Birth Injury Lawsuits

The birth of a child can have devastating consequences. They can be incredibly costly to treat and can result in families facing significant financial burdens.

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

You will need to show that the birth injury of your child was caused by a medical professional breaching their duty. You will require an expert witness.

Statute of Limitations

The statute of limitations sets the maximum time you can wait to file an action. If you do not file your lawsuit by the deadline the case will be dismissed, regardless of how valid your claim or how serious the injury. A national birth injury firm can help understand your state's statute of limitations and make sure that your case is filed within the proper deadline.

In the majority of medical malpractice cases the statute begins to run from the date that 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 are only discovered years or even months later. A majority of states have a policy which delays the commencement date of the statutes of limitation for these kinds of claims until the child is a legally able adult.

This is a challenge because in normal circumstances a person would not become an adult until the age of 18. If your child has serious birth trauma as a result of medical negligence, it is possible that you'll need file a lawsuit before this legal threshold has been reached. In these cases it is crucial to seek legal advice from a birth injury lawyer immediately. An attorney can help save and gather the required evidence to prove that your child's condition was caused by the medical professional's inability to follow the standard of care that is accepted.

Causation

The birth of a baby is a delicate event. Unfortunately, mistakes by medical professionals can cause severe injuries and lasting consequences for a family. If your child suffered a birth injury due to an obstetrician, nurse, hospital, or any other medical staff member's careless actions during labor and birth it could be a case for medical malpractice.

As with any medical malpractice claim, a lawsuit for birth injuries must establish four essential elements: duty of care and breach of duty, causation, and damages. A lawyer can help build a strong case, collecting and analyzing evidence such as medical records, imaging studies witness statements, and expert testimony.

It is crucial to find an attorney who is experienced in cases involving Birth injury attorneys injuries. Your lawyer can file a summons as well as a complaint, and the defendant is expected to respond with an answer. There will also be a period of discovery, where both sides exchange information.

If the defendant is a physician or other health professional, their lawyers will attempt to settle the case outside of the court. An experienced medical malpractice lawyer understands how to negotiate with these insurance companies, ensuring your legal rights and pursuing the full and fair compensation for your child's injuries. Additionally many families receive financial assistance from the state's medical indemnity programs. These can help offset the cost of treatment and long-term care of a child suffering from injuries from birth.

Damages

A birth injury lawsuit usually will seek damages for economic losses and non-economic losses. Economic losses can include medical expenses, lost wages and the cost of treatment for a long-term illness such as a brain injury or cerebral palsy. Non-economic losses can include suffering and pain as well as the loss of enjoyment life and loss of consortium (the bond between a spouse and their child).

The law requires that lawyers present a convincing argument with evidence to get compensation for clients. Often, the evidence comes from medical experts who can provide evidence as to whether the medical professional violated the standard of medical care and caused a birth injury.

Parents should consult an attorney right away if they suspect that a doctor or hospital has acted in a negligent manner. A lawyer can assist parents to avoid missing the deadline if they suspect that a physician or hospital has been guilty of malpractice.

A lawsuit usually begins with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant then has the option of filing an Answer and provide information about their version of the story through a process called discovery. In this phase, attorneys will exchange evidence and documents with each others, including expert testimony. Attorneys usually send a demand packet to the malpractice insurance company prior to going to trial, asking for an amount of money in order to pay the claim.

Expert Witnesses

Your attorney will need experts to testify on your behalf if you submit a claim for medical malpractice against a healthcare provider due to birth injuries. These experts are usually other doctors or medical professionals who have experience in the area and are knowledgeable about accepted practices within the field of. They can play a critical part in establishing the four elements of your case: duty, breach or breach of contract, causation or damages.

If a medical professional knowingly commits carelessness, like failing to check a mother's high blood pressure or having a baby delivered via a cesarean section instead of a vaginal birth, the legal procedure is often complicated and difficult to navigate without a competent legal team. Expert witness testimony can be used to prove your case and establish the facts in the jury trial.

Medical experts can offer their expert opinions via consulting or by providing testimony. Experts are hired as consulting experts to explain certain aspects of a case such as imaging studies and medical records. This is usually the first stage in a medical negligence suit, before the plaintiff or defendant agrees to begin the trial.

Trials can be stressful and nerve-racking for those who suffer from medical malpractice. This is particularly true in the case of a child who suffers from long-term physical or cognitive impairments. If your case is taken to trial, you'll need to demonstrate the defendant's negligence. This requires proving the defendant deviated from the standards of care that are accepted and that the deviation resulted in the injuries to your infant.