Birth Injury Lawsuits

Birth-related medical errors can have life altering consequences. They can be extremely expensive to treat and result in families facing significant financial burdens.

A lawyer can determine if you have a claim for compensation. They will examine your medical documents and other evidence.

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

Statute of limitations

The statute of limitations limits the time you have to file a suit. Your case will be dismissed in the event that you do not meet the deadline. It doesn't matter how serious your injury or how valid your claim is. A national birth injury lawyers injury firm can assist you to understand your state's statute of limitations and ensure that your case is filed within the appropriate time frame.

In most medical malpractice claims the statute of limitations begins to run on the date on which the act was committed or omitted. Birth injuries are often difficult to spot when the baby is born. They may be discovered months or even years after. Because of this, many states have a specific rule that delays the commencement of the statute of limitations on these kinds of claims until the child turns an adult legally.

This can be a bit complicated since under normal circumstances the person will not become an adult until they reached age 18. If your child has a severe birth trauma due to medical negligence, it is likely that you'll have to make a claim before this legal threshold has been met. In these instances it is imperative that you seek legal advice from a birth injury lawyer immediately. An attorney can help you save and gather the required evidence to establish that your child's illness was the result of a medical professional's inability to adhere to the accepted standards of care.

Causation

The birth of a baby is a delicate procedure. However, mistakes made by medical professionals can lead to serious injuries and lifelong consequences for a family. If you believe that a doctor, or nurse, hospital, or any other medical professional was negligent during labor and delivery and caused your child to suffer injuries to his or her birth, then you may have a medical negligence case.

Birth injury lawsuits must establish four key elements, just as any other medical malpractice claim that includes duty of care (or breach of duty) as well as causation (or damage), and damages. Your lawyer can help you in constructing a solid case by gathering and analyzing evidence such as medical records, imaging studies and witness statements.

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 will file a summons, complaint, and the defendant's response is usually a no or yes. There will also be a period of discovery during which both sides share information.

If the defendant is a doctor or another health professional, their attorneys will work to settle the case out of the courtroom. A knowledgeable medical malpractice lawyer will know how to negotiate with insurance companies, safeguarding your legal rights and pursuing an equitable and full settlement for your child's injury. Many families also receive financial aid through state-sponsored medical indemnity insurance programs. These programs can help offset the cost of treatment and long-term treatment for a child with a birth defect.

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 cerebral palsy. Non-economic losses can include pain and suffering and loss of enjoyment life, and loss of consortium (the bond between spouses and children).

In order to obtain compensation for their clients, lawyers must make a convincing case using evidence. Medical experts are often called upon to testify on whether or not a medical professional has violated the standard of care and resulted in birth injuries.

It is vital for parents to get an attorney as soon as they suspect that a hospital or doctor might have 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 usually starts with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant then has the opportunity to file an Answer and provide details about their side of the story through a process known as discovery. In this phase, attorneys will exchange evidence and documents with each and will also exchange expert testimony. Attorneys usually send a demand letter to the malpractice insurer prior to proceeding to trial, requesting the amount in dollars to pay the claim.

Expert Witnesses

If you are filing a medical malpractice lawsuit against a healthcare provider for birth injuries, your attorney will often need expert witnesses to be able to testify on your behalf. They are usually medical professionals or doctors who are knowledgeable in a particular field and have a solid understanding of the accepted practices in their specialty. They can be crucial in establishing the four elements of your case, which include duty breach, cause, and damages.

Legal proceedings can be complicated and difficult to navigate when a medical professional is negligent, such as when they fail to monitor a mother’s high blood pressure, or when they deliver a child via cesarean birth instead of vaginally. Expert witness testimony can be a powerful tool to prove your case during a trial and establish the facts.

Medical experts can offer their expertise via consulting or by speaking in court. Experts in consulting are hired to provide specific aspects of a case, like medical records or imaging studies. This is typically the first step in a medical malpractice lawsuit before the plaintiff or defendant agrees to commence the trial.

Trials can be stressful and nerve-wracking for those who have suffered from medical negligence. This is especially true in cases where a child is suffering from long-term physical or cognitive impairments. If your case goes to trial, you'll need to prove the defendant's negligence by demonstrating that the defendant erred from the accepted standard of medical care and that the deviation caused the injury to your child.