Birth Injury Lawsuits Medical errors during childbirth could have life-altering effects. They can be extremely expensive to treat, and leave families with significant financial obligations. A lawyer will determine if you have a legal claim to compensation. They will look over your medical records and other evidence. You will have to prove that the birth injury suffered by your child was the result of medical professionals who did not fulfill their obligation. You will need to consult an expert witness. Statute of Limitations The statute of limitation limits the time you have to file a suit. If you fail to file by the deadline, your case will be dismissed, regardless of how legitimate your claim is or how serious the injury. A national birth injury law firm can assist you to understand the statute of limitations in your state and ensure that your claim is filed within the correct deadline. In most medical malpractice lawsuits the statute begins to run from the date the negligent act was committed or omitted. Birth injuries can be difficult to identify at the time of birth. They could only become apparent months or even years later. This is why many states have a rule that delays the commencement of the statute of limitations for these types of claims until the child becomes a legal adult. It can be a challenge since, under normal circumstances, an individual would not become adult until 18. If your child suffers an extremely severe birth trauma as a result of medical negligence, it is likely that you'll need to make a claim before this legal threshold is reached. In these cases, it is critical that you seek legal advice from a birth injury lawyer immediately. A lawyer can assist you to keep and collect the necessary evidence to prove that your child's problem was the result of a medical professional's inability to follow the accepted standards of care. Causation The birth of a child is a delicate procedure. Unfortunately, mistakes made by medical professionals can cause grave injuries and long-lasting consequences for a family. If your child suffered a birth injury as a result of the negligence of a doctor, nurse hospital, or another medical staff member's negligence during labor and birth it could be a case for medical malpractice. Birth injury lawsuits must establish four fundamental elements, exactly like any medical malpractice claim: duty of care (or breach of duty), causation (or damage) and damages. Your lawyer can help you create a convincing case, collecting and analyzing evidence such as medical documents, imaging studies, witness statements and expert testimony. It is crucial to select an attorney with experience with birth injury cases. 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 physician or other health provider, their attorneys will try to settle the matter outside of court. A medical malpractice lawyer who has prior experience in negotiation with insurance companies will protect your legal rights and seek full compensation for the injury to your child. Many families also receive financial aid through state-sponsored medical indemnity insurance programs. These programs can help to offset the costs of treatment and long term treatment for a baby who has a birth defect. Damages In a birth injury lawsuit damages are usually sought for both economic and non-economic losses. Economic losses could include medical bills, lost wages and the cost of treatment for a long-term condition like a brain injury or cerebral palsy. Non-economic damages include pain or discomfort, loss of enjoyment of living, and loss of consortium (the bond that exists between the child of a spouse and their spouse). To obtain compensation for their clients, lawyers need to create a strong case backed by evidence. The majority of the evidence is provided by medical experts who provide evidence as to whether medical professionals violated the standard of care and triggered a birth injury. Parents should seek out an attorney right away if they suspect that a doctor or hospital has committed malpractice. A lawyer can assist parents avoid missing the deadline if they suspect a doctor or hospital has committed malpractice. A lawsuit typically begins with an attorney filing an Summons and Complaint against the malpractice insurer. The defendant then has the opportunity to file an Answer and provide details about their part of the story in an process known as discovery. During this phase attorneys will exchange documents and evidence with one the other, including expert testimony. Attorneys often make a demand to the malpractice insurance company before going to trial, requesting an amount of money to pay the claim. Expert Witnesses Your attorney will need experts to testify on your behalf if you submit a claim for medical negligence against a healthcare provider in connection with birth injuries. They are typically other medical professionals or doctors who are experts in a particular field and are aware of accepted practices within their field of expertise. They are crucial in establishing four elements of your case. These include duty, breach, cause and damages. Legal proceedings can be a bit complicated and difficult to navigate when a medical professional is negligent, for instance, if they fail to monitor the mother's blood pressure or deliver a baby via cesarean delivery instead of vaginally. Expert witness testimony can support your case and establish the facts in an in-person trial. Medical experts can provide expert opinions in two ways: by consulting and by giving testimony. Experts who consult are hired to explain particular aspects of a particular case, for example, medical records or imaging studies. This is typically the initial step in a medical malpractice suit, before the plaintiff or defendant decides to commence the trial. Trials can be stressful and nerve-racking for those who suffer from medical malpractice. This is especially true in cases where a child is suffering from long-term physical or cognitive impairments. If your case goes to trial, you'll have to present evidence of the defendant's negligence by demonstrating that the defendant erred from the accepted standards of care and that this deviation caused your infant's injuries.