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Birth Injury Lawsuits Medical mistakes during childbirth could have life altering consequences They can be extremely expensive to treat and can leave families with a significant financial burdens A lawyer can decide whether you are entitled to a claim for compensation They will review your medical documents and other evidence You will need to show that the birth injury of your child was the result of medical professionals not fulfilling their obligation Youll need to talk with an expert witness Statute of Limitations The statute of limitation limits the time that you can make a claim If you do not file your lawsuit by the deadline and file a lawsuit it will be dismissed regardless of the validity of your claim or how serious the injury A national birth injury law firm can help to understand the statute of limitations in your state and make sure that your claim is filed within the correct deadline In the majority of medical malpractice cases the statute of limitation starts on the date of the negligent act or the omission However in the case of birth injuries many of these injuries may not be apparent at the time of birth and they may only be found months or even years later Because of this many states have a special rule that delays the beginning of the statute of limitations for these kinds of claims until the child is an adult legally It can be a challenge since under normal circumstances an individual would not become adult until the age of 18 However if your child suffers an extreme birth injury caused by medical malpractice you might need to file a claim prior to this legal threshold is passed In such cases you should seek immediate legal advice from a lawyer who is specialized in birth injuries A lawyer can help preserve and gather evidence to show that a doctors or other medical professionals negligence in observing accepted standards of care caused the childs condition Causation Bringing a child into the world is a delicate process Mistakes by medical professionals can cause serious injuries that can have longlasting effects on a family If you think that a doctor a nurse hospital or other member of the medical staff was negligent during labor and delivery and caused your child to sustain injuries to his or her birth then you could be a victim in a medical malpractice case Birth injury lawsuits must prove four key 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 help you make a convincing case by gathering and analyzing evidence like medical records imaging studies witness statements and expert testimony It is essential to choose an attorney who has experience with birth injury cases The lawyer will file a summons complaint and the defendants response is usually a no or yes Both sides will share information during the discovery phase If the defendant is a physician or other health provider their lawyers will seek to settle the case outside of the court A skilled medical malpractice lawyer is able to negotiate with insurance companies safeguarding your legal rights and pursuing the most fair and complete compensation for the injury your child sustained Additionally numerous families receive financial aid through the states medical indemnity programs which can help pay for treatment and longterm care for a child suffering from an injury at birth Damages In a birth injury lawsuit damages are typically sought for both economic and noneconomic losses Economic losses can include medical bills lost wages and the cost of care for a longterm condition like cerebral palsy Noneconomic damages include pain and suffering as well as the 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 obtain compensation for their clients Most often the evidence comes from medical experts who testify as to whether the medical professional violated the standard of care and caused a birth injury It is vital for parents to get a lawyer whenever they suspect that a hospital or doctor might have acted in a negligent manner A lawyer can assist parents to avoid missing the deadline if they suspect that a physician or hospital has committed malpractice A lawsuit typically begins with an attorney filing a Summons and Complaint against the malpractice insurance company The defendant then has the option of filing an Answer and provide information about their side of the story through a process known as discovery During this phase attorneys will discuss documents and evidence with one others including expert testimony Attorneys will often send a demand letter to the malpractice insurer prior to proceeding to trial requesting an amount of money in order to pay the claim Expert Witnesses Your lawyer will require expert witnesses on your behalf when you file a claim for medical negligence against a healthcare provider based on birth injuries These experts are typically other medical professionals or doctors with knowledge of the relevant field and an understanding of accepted practices within that specialty They can be essential in establishing four aspects of your case such as duty breach cause and damages Legal proceedings can be complex and difficult to navigate if a medical professional is negligent for example 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 facts in the jury trial Medical experts can offer their expert opinions in two ways consulting and testifying Consulting experts are hired to provide specific aspects of a case like medical records or imaging studies This is usually the initial step of a medical malpractice lawsuit before the plaintiff or defendant agrees to commence the trial A trial can be a stressful and stressful for the victims of medical malpractice specifically when cases of birth injuries involve a child with permanent cognitive or physical impairments If birth injury attorney brooklyn park is taken to trial you will need to establish the defendants culpability This requires proving the defendants actions went against the standards of care that are accepted and that the deviation led to the injuries to your child
