Birth Injury Attorneys Explained In Less Than 140 Characters

Birth Injury Lawsuits

The birth of a child could have life-altering effects. They can be very costly to treat and result in families facing significant financial burdens.

A lawyer can assess whether you have a legal claim for compensation. They will examine your medical documents and other evidence.

You must prove that the negligence of a medical professional duty caused your child's birth injury. You will need an expert witness.

Statute of limitations

The statute of limitations sets the time limit for how long you have to wait before filing a lawsuit. If you do not file your lawsuit by the deadline and file a lawsuit, it will be dismissed, no matter how legitimate your claim is or how serious the injury. A national birth injury law firm can assist you to be aware of the statute of limitation in your state, and help ensure that your claim is filed within the correct timeframe.

In most medical malpractice lawsuits the statute of limitations starts to run on the date that the negligent incident occurred or was omitted. However, with birth injuries, some of these injuries may not be evident at the time of the birth and may only be discovered years or even months later. To prevent this, a majority of states have a special rule that delays the commencement of the statute of limitations on these types of claims until the child is an adult legal.

It can be difficult since, under normal circumstances, an individual will not be considered an adult until 18. If your child is suffering an extremely severe birth trauma as a result of medical malpractice, it's possible that you'll need file a lawsuit before this legal threshold has been met. In these circumstances it is imperative that you seek legal advice from a birth injury lawyer immediately. An attorney can help you preserve and gather the needed evidence to establish that your child's illness was the result of the medical professional's failure to follow the accepted standard of care.

Causation

Inviting a child into the world can be a stressful process. Mistakes by medical professionals can cause serious injuries that can have lasting effects for families. If you believe that a doctor an employee, hospital, or any other member of the medical staff was negligent during the birth process and caused your child to suffer an injury to their birth, lawsuit you could be a victim of an medical malpractice case.

Like any medical malpractice claim, a birth injury lawsuit must prove four key elements - duty of care, breach of duty, damages, and causation. Your lawyer can assist you create a convincing case, gathering and analyzing evidence like medical documents, imaging studies, witness statements and expert testimony.

It is important to hire an attorney with experience with birth injury cases. Your lawyer may file a summons and complaint and the defendant should respond with an answer. Both sides will share information during the discovery phase.

If the defendant is a doctor or another health care professional their attorneys will attempt to settle the case outside of court. A seasoned medical malpractice lawyer understands how to negotiate with these insurance companies, ensuring your legal rights and pursuing an equitable and full settlement for your child's injuries. Many families also receive financial assistance through state-sponsored medical indemnity schemes. These programs can assist in reducing the cost of treatment and long term treatment for a child with a birth defect.

Damages

A birth injury lawsuit usually seeks damages for the victim's economic losses and non-economic losses. These losses may include medical expenses, lost wages and the cost of care for a chronic condition such as cerebral palsy. Non-economic damages can include pain and suffering as well as the loss of enjoyment life, and loss of consortium (the bond between a spouse and their child).

The law requires that lawyers build a strong case with evidence to be able to secure compensation for their clients. Most often, the evidence is provided by medical experts who can testify as to whether the medical professional breached the standard of care and caused a birth injury.

It is crucial for parents to engage a lawyer immediately they begin to suspect that a hospital or doctor might have acted in a negligent manner. A lawyer can assist parents avoid missing the deadline in case they suspect that a physician or hospital has been guilty of malpractice.

A lawsuit usually starts with an attorney filing a Summons and Complaint against the malpractice insurer. The defendant is able to answer and provide information about their side of incident through a process known as discovery. In this stage lawyers will share documents and evidence, including expert witness testimony. Attorneys usually send a demand letter to the malpractice insurer before going to trial, requesting a certain dollar amount to pay the claim.

Expert Witnesses

When you file a medical malpractice lawsuit against a healthcare provider for birth injuries, your attorney will typically require experts to testify on behalf of you. These experts are typically doctors or medical professionals who are knowledgeable in a specific field and have a solid understanding of the accepted practices in their area of expertise. They play an important part in establishing the four elements of your case: duty, breach, causation and damages.

Legal proceedings can be a bit complicated and difficult to navigate when medical professionals are 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 used to prove your case and establish facts in a jury trial.

Medical experts can provide their expert opinions in two different ways: consulting and providing testimony. Experts are hired as consultant experts to explain certain aspects of a particular case, such as imaging studies and medical records. This is often the initial step in a medical malpractice lawsuit prior to the plaintiff and defendant agree to go ahead with a trial.

Trials can be stressful and nerve-wracking for victims of medical malpractice. This is particularly true in the case of a child who is suffering from long-term physical or cognitive impairments. If your case is taken to trial, you'll have to prove the defendant's negligence. This involves proving that the defendant erred from the standards of care that are accepted and that the deviation resulted in the injuries to your infant.