Birth Injury Lawsuits

The birth of a child can have devastating consequences. They can be extremely expensive to treat and cause families to be faced with substantial financial burdens.

A lawyer will determine if you have a legal claim for compensation. They will scrutinize your medical records and other proof.

You will need to show that the birth injury to your child was the result of medical professionals who did not fulfill their obligation. You will require an expert witness.

Statute of Limitations

The statute of limitations puts a limit on how long you have to file a lawsuit. If you don't meet the deadline your case could be dismissed, regardless of how valid your claim or how serious the injury. A national law firm can help you to understand the statute of limitations in your state and ensure that your claim is filed within the correct timeframe.

In the majority of medical malpractice cases the statute of limitations starts to run on the date on which the incident occurred or was omitted. With birth injuries, some of these injuries may not be apparent at the time of birth and may only be identified months or even years later. Many states have a law that extends the time frame of the statute of limitations for these kinds of claims until the child becomes a legally able adult.

This is a challenge because under normal circumstances an individual would not be an adult until the age of 18. If your child suffers a severe birth injury due to medical malpractice, you might need to file a claim prior to this legal threshold is passed. In these cases you should seek legal advice immediately from a lawyer that specializes in birth injuries. A lawyer can help you preserve and gather evidence to prove that a doctor's or another medical professional's negligence in observing accepted standards of care caused the condition of your child.

Causation

The process of bringing a child into the world is a delicate process. Unfortunately, mistakes made by medical professionals can result in grave injuries and long-lasting consequences for families. If you believe that a doctor, an employee of an institution, or a member of the medical staff was negligent during the labor and birth process and caused your child to suffer injuries to his or her birth, then you may have a medical malpractice claim.

Birth injury lawsuits must establish four essential elements, just like any medical malpractice claim that includes duty of care (or breach of duty) and causation (or damage), and damages. Your lawyer can assist you make a convincing case by taking and analyzing evidence such medical documents, imaging studies, witness statements, and expert testimony.

If you are pursuing a birth injury case, it is crucial to work with an attorney with experience in these types of cases. Your lawyer can file a summons and complaint, and the defendant will typically respond with an answer. Both sides will discuss information during the discovery phase.

If the defendant is a doctor or other health professional Their lawyers will work to settle the case out of court. A skilled medical malpractice lawyer is able to negotiate with insurance companies, safeguarding your legal rights while seeking the most fair and complete compensation for your child's injuries. Many families also receive financial aid through state-sponsored medical indemnity schemes. These programs can assist in reducing the cost of treatment and long term care for a baby with a birth defect.

Damages

A birth injury lawsuit usually will seek damages for economic losses and non-economic losses. Economic losses can include medical bills, lost wages, as well as the cost of healthcare for a chronic illness like 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).

The law requires lawyers to make a convincing case using evidence to be able to secure compensation for clients. Most often, the evidence is provided by medical experts who testify about whether or not the medical professional violated the standard of medical care and caused an birth injury.

It is vital that parents hire an attorney when they suspect that a hospital or doctor might have committed malpractice. A lawyer can assist parents avoid missing the deadline if they suspect that a doctor or hospital has been guilty of malpractice.

A lawsuit is usually brought by an attorney filing an Summons & Complaint against the malpractice insurance company. The defendant has the chance to answer and provide evidence on their side of the story via a process called discovery. During this stage attorneys will discuss documents and evidence with one other, including expert testimony. Before proceeding to trial, attorneys often send a package of demands to the malpractice insurance firm asking for a specific dollar amount to settle the claim.

Expert Witnesses

When you file an action for medical malpractice against a healthcare professional for birth injuries, your attorney will often need experts to provide testimony on behalf of you. These experts are typically medical professionals or doctors with expertise in a particular field and are familiar with accepted practices within their area of expertise. They are crucial in establishing the four elements of your case, which include duty breach, cause and damages.

If a medical professional knowingly commits negligently, such as failing to check the mother's blood pressure or the delivery of a baby via a cesarean section instead vaginal birth, the legal process can become complex and difficult to navigate without a competent legal team. Expert witness testimony can support your case and establish the facts in a jury trial.

Medical experts can provide their expert opinions via consulting or providing testimony. Experts in consulting are hired to explain particular aspects of a particular case, like medical records or imaging studies. This is often the initial step in a medical malpractice lawsuit, before the plaintiff and defendant agree to go ahead with the trial.

Trials are stressful and nerve-wracking for those who have suffered from medical malpractice. This is particularly true when a child has long-term cognitive or physical impairments. If your case is brought to trial, you'll need to establish the defendant's culpability. This requires proving the defendant deviated from the accepted standard of care and that the deviation led to the injuries to your infant.