Birth Injury Lawsuits

Medical errors during childbirth can have devastating consequences. They can be costly to treat and leave families with significant financial obligations.

A lawyer will determine if you have a legal claim to compensation. They will examine your medical records and other evidence.

You will need to prove that the birth injury of your child was caused by medical professionals not fulfilling their duty. You will need an expert witness.

Statute of limitations

The statute of limitation sets an amount of time you have to wait before filing an action. If you miss the deadline the case will be dismissed, regardless of how valid your claim or how serious the injury. A national law firm can assist you to know the statute of limitations in your particular state and ensure that your claim is filed within the proper timeframe.

In the majority of medical malpractice claims the statute begins to run on when the negligent act was committed or not done. With birth injuries, some of these injuries may not be evident at the time of the delivery and can only be identified months or even years later. Most states have a rule that delays the date of commencement of the statutes of limitation for these types of claims until the child has become a legally able adult.

This can be complicated because in normal circumstances an individual would not be an adult until they reached age 18. However, if your child suffers an extreme birth injury law firm injury due to medical negligence, you might need to file a claim prior to this legal threshold is passed. In these instances it is imperative that you seek legal advice from a lawyer for birth injuries immediately. An attorney can assist you preserve and gather the needed evidence to prove that your child's problem was the result of a doctor or Vimeo other medical professional's failure to follow the accepted standards of care.

Causation

The birth of a baby is a delicate event. Unfortunately, vimeo mistakes made by medical professionals can cause grave injuries and long-lasting consequences for families. If your child suffered a birth injury because of the negligence of a doctor, nurse hospital, or other medical staff member's careless actions during labor and delivery there is a chance that you could have a claim for medical negligence.

As with any malpractice claim, a birth injury lawsuit needs to establish four key elements - duty of care and breach of duty, causation, and damages. Your lawyer can help you make a convincing case by gathering and analyzing evidence, such as medical documents, imaging studies, witness statements and expert testimony.

If you're considering a birth injury case, it is essential to hire an attorney who has experience in these types of cases. The lawyer will file a summons, complaint, and then the defendant's answer is generally a yes or no. There is also a time of discovery in which both parties exchange information.

If the defendant is a doctor or other health provider, their attorneys will attempt to settle the case outside of the court. A skilled medical malpractice lawyer understands how to negotiate with these insurance companies, safeguarding your legal rights while seeking full and fair compensation for your child's injury. In addition numerous families receive financial assistance from the state's medical indemnity program, which can offset the costs of treatment and long-term care for a child who has suffered injuries from birth.

Damages

In the case of a birth injury lawsuit, damages are typically sought for both economic and non-economic losses. Economic losses could include medical expenses, lost wages and the cost of treatment for a chronic illness like a brain injury or cerebral palsy. Non-economic damages can include pain and discomfort, loss of enjoyment of living, and loss of consortium (the bond that exists between a spouse's child and their spouse).

The law requires that lawyers make a convincing case using evidence to obtain compensation for clients. Typically, the evidence comes from medical experts who can provide evidence as to whether medical professionals violated the standard of care and triggered a birth injury.

Parents should hire an attorney as soon as they suspect that a doctor or hospital has committed a mistake. A lawyer can help parents avoid missing the deadline when they suspect a doctor or hospital has been guilty of malpractice.

A lawsuit generally begins with an attorney filing an Summons and Complaint against the malpractice insurance company. The defendant then has the option of filing an Answer and provide details about their part of the story in a process known as discovery. In this phase lawyers will share documents and evidence, which may include expert witness testimony. Before proceeding to trial, attorneys typically send a bundle of demands to the malpractice insurance firm asking for a specific dollar amount to settle any claim.

Expert Witnesses

When you file an action for medical malpractice against a medical professional for birth injuries, your attorney will typically require experts to testify on your behalf. They are typically other medical professionals or doctors who are knowledgeable in a specific field and have a solid understanding of the accepted practices in their specialty. They can play a critical part in establishing the four components of your claim: breach of duty causation, damages and breach.

If a medical professional knowingly commits negligently, such as failing to check a mother's high blood pressure or delivering a baby via cesarean section rather than a vaginal birth, the legal procedure is often complicated and difficult to navigate without a knowledgeable legal team. Expert witness testimony is an effective tool to prove your case during a trial and establish the facts.

Medical experts can provide their expertise through two methods: consulting or by testifying. Consulting experts are hired to explain specific aspects of a case such as medical records, or imaging studies. This is often the initial step in a medical malpractice lawsuit in which the plaintiff and the defendant agree to go ahead with a trial.

Trials can be stressful and nerve-wracking for victims of medical negligence. This is especially the case in the case of a child who is suffering from long-term physical or cognitive impairments. If your case goes to trial, you'll need to show the defendant's negligence. This is proving that the defendant's actions were not in accordance with the standards of care that are accepted and that the deviation led to the injuries to your infant.