Birth Injury Lawsuits

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

A lawyer can determine whether you have a claim for compensation. They will scrutinize your medical records and other evidence.

You must prove that the medical professional's breach of duty caused the birth injury of your child. You'll need to talk with an expert witness.

Statute of Limitations

The statute of limitations limit the time you have to make a claim. If you don't meet the deadline and file a lawsuit, it will be dismissed, regardless of how legitimate your claim is or how serious the injury. A national birth injury firm can help know your state's statute of limitations and make sure that your case is filed within the proper deadline.

In most medical malpractice lawsuits, the statute begins to run from the date the negligent act was committed or not done. But with birth injuries, the majority of these injuries might not be evident at the time of the birth and may only be discovered months or even years later. Many states have a law that delays the date of commencement of the statute of limitations for these kinds of claims until the child turns legally able adult.

It can be a challenge because, under normal circumstances, a person would not become adult until 18. If your child suffers a severe birth trauma due to medical negligence, it is possible that you'll need to file a lawsuit before this legal threshold has been met. In these circumstances it is essential to seek legal advice from a lawyer for birth injuries immediately. An attorney can assist you keep and collect the necessary evidence to prove that your child's problem was caused by an medical professional's inability to follow the accepted standard of care.

Causation

The birth of a child is a delicate procedure. Unfortunately, mistakes made by medical professionals can cause serious injuries and lifelong consequences for a family. If you think that a doctor, an employee, a hospital, or another medical professional was negligent during the labor and birth process and caused your child to suffer an injury during birth, you could be a victim in a medical negligence case.

As with any malpractice claim, a lawsuit for birth injuries needs to establish four key elements - duty of care and breach of duty, damages, and causation. Your lawyer can assist you in constructing a solid case by analyzing and gathering evidence such as medical records, imaging studies and witness statements.

It is crucial to find an attorney who is experienced in cases involving birth injuries. Your lawyer may file a summons and complaint, and the defendant will typically respond with an answer. 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 outside of the courtroom. A seasoned medical malpractice lawyer knows how to negotiate with these insurance companies to protect your legal rights while seeking full and fair compensation for your child's injury. Many families also receive financial assistance through state-sponsored medical indemnity insurance programs. These programs can help offset the costs of treatment and long-term care for babies born with a dekalb birth injury lawsuit defect.

Damages

A birth injury lawsuit typically claims damages for a victim's economic losses and non-economic losses. Economic losses could include medical bills, lost wages as well as the cost of healthcare for a long-term illness such as a brain injury or cerebral palsy. Non-economic damages include pain or discomfort as well as loss of enjoyment living, and loss of consortium (the bond that exists between a child of a spouse and their spouse).

The law requires lawyers to build a strong case with evidence to be able to secure compensation for clients. Medical experts are often required to testify on whether or not a medical professional has infringed on the standard of care or caused birth injuries.

Parents should seek out an attorney immediately if they suspect that a doctor or hospital has committed malpractice. A lawyer can help parents avoid missing the deadline when they suspect that a physician 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 is able to answer and birth injuries provide evidence about their side of story via a process called discovery. During this stage lawyers will exchange documents and evidence, including expert witness testimony. Attorneys often send a demand packet to the malpractice insurer before proceeding to trial, requesting an amount of money to settle the claim.

Expert Witnesses

When you file an medical malpractice claim against a healthcare provider for birth injuries, your lawyer is likely to require expert witnesses to provide testimony on behalf of you. These experts are typically medical professionals or doctors who are experts in a specific area and have a solid understanding of the accepted practices in their specialty. They play an important part in establishing the four pillars of your case: breach of duty, causation and damages.

Legal proceedings can be complicated and difficult to navigate when a medical professional is negligent, such as when they fail to check a mother’s high blood pressure, or when they deliver a baby by cesarean instead of vaginally. Expert witness testimony can be a powerful way to support your case in a trial and establish the facts.

Medical experts can offer their expertise in two ways: by consulting or by testifying. Experts are hired as consultant experts to provide specific aspects of a particular case, such as medical records and imaging studies. This is usually the first step in a medical malpractice lawsuit before the plaintiff or defendant decides to commence the trial.

A trial can be nerve-wracking and stressful for the victims of medical malpractice, especially when it comes to birth injuries that involve a child with long-term physical or cognitive impairments. If your case is brought to trial, you'll need to prove the defendant's negligence by demonstrating that he or she deviated from the accepted standard of care and resulted in your infant's injuries.