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Birth Injury Lawsuits Birthrelated medical errors can result in lifechanging consequences They can be extremely expensive to treat and can leave families with significant financial burdens A lawyer can decide if you have a legal right to compensation They will look over your medical records and other evidence You will need to prove that the medical professionals breach of duty caused the birth injury to your child Youll have to consult an expert witness Statute of Limitations The statute of limitations imposes the time limit for how long you have to file a lawsuit Your case could be dismissed if you fail to meet the deadline It isnt a matter of how serious your injury is or how legitimate your claim A national birth injury firm can assist you to understand your states statute of limitations and make sure that your case is filed within the required timeframe In the majority of medical malpractice cases the statute of limitations begins to run from the date that the negligent incident occurred or was omitted However in the case of birth injuries some of these injuries may not be evident at the time of the birth and are only found months or even years afterward Most states have a rule which delays the commencement date of the statutes of limitation for these types of claims until the child is a legally mature It can be a challenge because in normal circumstances an individual would not become adult until 18 However if your child suffers an injury to their birth because of medical malpractice it could be necessary to file a claim prior to this legal threshold is met In these instances it is critical that you seek legal advice from a birth injury lawyer immediately An attorney can assist you preserve and gather the necessary evidence to show that the childs condition was the result of an medical professionals inability to adhere to the accepted standards of care Causation The birth of a child in the world is a delicate procedure Unfortunately birth injury law firm westland made by medical professionals can cause severe injuries and lasting consequences for families If your child suffered a birth injury as a result of the negligence of a doctor nurse hospital or other medical staff members careless actions during labor and birth there is a chance that you could have an action for medical malpractice As with any medical malpractice claim a lawsuit for birth injuries must prove four key elements duty of care breach of duty causation and damages Your lawyer can help you in constructing a convincing case by analyzing and gathering evidence like medical documents imaging studies and witness statements It is essential to choose an attorney with experience in cases involving birth injuries Your lawyer can file a summons as well as a complaint and the defendant should respond with an answer Both sides will exchange information during the discovery phase If the defendant is a doctor or other health care provider their attorneys will work to settle the case out of the courtroom A medical malpractice lawyer who has experience in negotiation with insurance companies will defend your legal rights and seek full compensation for the injuries to your child In addition many families are eligible for financial assistance from the states medical indemnity plans which can offset the costs of treatment and longterm medical care for a child who has suffered injuries from birth Damages A birth injury lawsuit typically demands damages for the victims economic losses and noneconomic losses Economic losses could include medical bills lost wages and the cost of medical treatment for a longterm illness such as cerebral palsy Noneconomic damages can include pain and suffering and loss of enjoyment life and loss of consortium the bond between parents and children The law requires lawyers to create a compelling case using evidence to get compensation for clients Often the evidence is provided by medical experts who testify as to whether the medical professional violated the standard of care and triggered a birth injury Parents should contact an attorney immediately if they suspect that a doctor or hospital has committed a mistake A lawyer can assist parents avoid missing the deadline when they suspect that a physician or hospital has committed a crime A lawsuit is usually brought by an attorney who files an Summons Complaint against the malpractice insurance company The defendant has the chance to answer and provide information regarding their side of the story via a process called discovery During this phase lawyers exchange documents and evidence which may include expert witness testimony Attorneys typically send a demand package to the malpractice insurer prior to proceeding to trial asking for a certain 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 typically requires expert witnesses to provide testimony on your behalf They are usually medical professionals or doctors who are knowledgeable in a particular area and are familiar with accepted practices within their specialty They can play a critical role in establishing the 4 elements of your case duty breach or breach of contract causation or damages Legal proceedings can be complicated and difficult to navigate if medical professionals are negligent such as when they fail to keep track of the mothers blood pressure or deliver a baby by cesarean instead of vaginally Expert witness testimony can help prove your case and establish the facts in the trial of a jury Medical experts can provide unbiased opinions in two different ways consulting and witnessing Experts who consult are hired to provide specific aspects of a case such as medical records or imaging studies This is usually the first step in a medical malpractice lawsuit that is before the plaintiff and defendant agree to proceed with the trial The trial process can be stressful and stressful for the victims of medical malpractice especially when cases of birth injuries involve children with permanent cognitive or physical impairments If your case goes to trial youll need to present evidence of the defendants negligence You must prove that the defendants actions were different from the accepted standard of medical care and that the deviation resulted in your infants injuries
