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Birth Injury Lawsuits

Birth-related medical errors can result in life-changing consequences. They can be extremely costly to treat, and leave families with significant financial obligations.

A lawyer can decide whether you are entitled to a claim for compensation. They will examine your medical documents and other evidence.

You’ll need to show that medical professionals’ breach of duty caused your child’s birth injury. You will require an expert witness.

Statute of limitations

The statute of limitations imposes a limit on how long you have to file a lawsuit. If you do not file your lawsuit by the deadline your case could be dismissed, regardless of the merits of your claim or how serious the injury. A national birth injury law firm can help to learn about the statute of limitations in your state, and help ensure that your claim is filed within the required time frame.

In the majority of medical malpractice claims the statute begins to run from the date on which the act was committed or not done. Birth injuries are often difficult to identify at the time of delivery. They could appear months or years after. Because of this, many states have a rule that delays the onset of the statute of limitations on these kinds of claims until the child turns a legal adult.

It’s not easy since, under normal circumstances, an individual is not considered to be an adult until 18. If your child is suffering an extreme birth trauma as a result of medical negligence, it is likely that you will need to make a claim before this legal threshold has been reached. In these instances, it is critical that you seek legal advice from a birth injury lawyer immediately. A lawyer can help preserve and gather evidence to prove the doctor’s or any other medical professional’s negligence in observing accepted standards of care caused the condition of your child.

Causation

Inviting a child into the world is a delicate task. Unfortunately, mistakes by medical professionals can result in serious injuries and lifelong consequences for families. If your child was injured during birth injury due to an obstetrician, nurse, hospital, or any other medical staff member’s negligent actions during labor and delivery it could be an action for medical malpractice.

Birth injury lawsuits must establish four key elements, just like any medical malpractice claim: duty of care (or breach of duty) and causation (or damage) and damages. Your lawyer can help to build a strong case by gathering and analyzing evidence like medical documents, imaging studies, witness statements and expert testimony.

It is essential to choose an attorney with experience in birth injury cases. Your lawyer can file a summons as well as a complaint, and the defendant should respond with an answer. There will also be a period of discovery during which both parties exchange information.

If the defendant is a doctor or other health care provider their attorneys will seek to settle the matter outside of court. A knowledgeable medical malpractice lawyer knows how to negotiate with these insurance companies, ensuring your legal rights while seeking the full and fair compensation for the injury your child sustained. Many families also receive financial assistance through state-sponsored medical indemnity plans. These programs can help offset the costs of treatment and long term treatment for a child with a birth defect.

Damages

A birth injury lawsuit typically demands damages for the victim’s economic losses as well as non-economic. Economic losses include medical bills loss of income, the cost to care for a long term illness such as cerebral palsy or brain injury. Non-economic damages could include suffering and pain and loss of enjoyment life, and loss of consortium (the bond between a spouse and their child).

In order to obtain compensation for their clients, lawyers must make a convincing case using evidence. Medical experts are often called upon to testify whether or the medical professional violated the standard care and caused birth injuries.

It is vital for parents to hire an attorney when they suspect that a hospital or doctor could have committed a malpractice. The statute of limitation may begin to decrease after the incident occurs or after it is discovered, and a lawyer can make sure that parents don’t overrun the deadline.

A lawsuit is typically initiated by an attorney filing a Summons & Complaint against the malpractice insurance company. The defendant is entitled to answer and provide evidence regarding their side of the story via a process called discovery. In this phase lawyers exchange documents and evidence, including expert witness testimony. Before going to trial, attorneys often send a list of demands to the malpractice insurance company asking for a certain amount to settle a claim.

Expert Witnesses

Your attorney will need expert witnesses on your behalf when you file a claim for medical malpractice against a healthcare professional due to birth injuries. These experts are typically other doctors or medical professionals with expertise in a relevant field and knowledge about the accepted practices in that field. They can be crucial in establishing four elements of your case, which include duty breach, cause and damages.

When a medical professional commits negligence, such as not monitoring the mother’s blood pressure or delivering a baby via Cesarean section instead of a vaginal birth, the legal procedure is often complicated and difficult to navigate without a knowledgeable legal team. Expert witness testimony is a powerful evidence to support your case at trial and establish the facts.

Medical experts can provide their professional opinions in two ways: by consulting or providing testimony. Consulting experts are hired to provide particular aspects of a case, such as medical records, or imaging studies. This is typically the first step in a medical malpractice lawsuit, before the plaintiff or defendant decides to commence the trial.

Trials are stressful and nerve-wracking for victims of medical malpractice. This is especially true in cases where a child suffers from long-term physical or mental impairments. If your case is brought to trial, you’ll need to present evidence of the defendant’s negligence. This will require that the defendant erred from the accepted standards of care and caused the injury to your child.