Birth Injury Lawsuits Medical errors during childbirth can have devastating consequences. They can be costly to treat, and leave families with significant financial obligations. A lawyer can decide if you have a claim for compensation. They will look over your medical records and other evidence. You'll need to show that a medical professional's breach of duty caused your child's birth injury. You will need an expert witness. Statute of limitations The statute of limitations imposes a limit on how long you have to file an action. Your case will be dismissed if you fail to meet the deadline. It doesn't matter how serious your injury is or how legitimate your claim is. A national birth injury firm can help understand your state's statute of limitations and make sure that your case is filed within the required timeframe. In most medical malpractice cases, the statute of limitations starts on the date of the negligent act or omission. Birth injuries are often difficult to detect at the time of delivery. They may be discovered months or years after. For this reason, most states have a specific rule that delays the onset of the statute of limitations for these kinds of claims until the child turns an adult legal. It can be a challenge because, in normal circumstances, an individual will not be considered an adult until the age of 18. However, if your child suffers from an injury to their birth because of medical malpractice, you might need to file a claim before the legal threshold is reached. In these situations you should seek legal advice immediately from a lawyer who specializes in birth injuries. An attorney can assist in preserving and obtain evidence to prove that a doctor's or another medical professional's negligence in observing accepted standards of care led to the child's condition. Causation The birth of a child is a delicate event. Unfortunately, mistakes by medical professionals can cause severe injuries and lasting consequences for families. If you believe that a doctor, an employee of an institution, or a medical professional was negligent during labor and delivery and caused your child to sustain injuries to his or her birth, then you may be the victim of an medical malpractice case. As with any medical malpractice claim, a birth injury lawsuit requires the establishment of four main elements: duty of care breach of duty, causation, and damages. Your lawyer can help you create a convincing case, taking and analyzing evidence such medical records, imaging studies, witness statements, and expert testimony. It is essential to choose an attorney who has experience in cases involving birth injuries. Your lawyer can file a summons and complaint and the defendant will generally respond with an answer. Both sides will share information during the discovery phase. If the defendant is a doctor or other health professional their lawyers will attempt to settle the case outside of court. A medical malpractice lawyer with prior experience in dealing with insurance companies can defend your legal rights and demand complete compensation for the injury to your child. Additionally, many families receive financial support through a state's medical indemnity programs. These can help pay for treatment and long-term care for a child suffering from an injury to their birth. Damages A birth injury lawsuit usually claims damages for a victim's economic losses as well as non-economic. The economic losses are medical bills as well as lost income and the cost to care for a long term condition like cerebral palsy or a brain injury. Non-economic damages include pain and discomfort, loss of enjoyment of living, and loss of consortium (the bond between a spouse's child and their spouse). To obtain compensation for their clients, lawyers must create a strong case backed by evidence. Medical experts are often required to testify about whether or not a medical professional has breached the standard of care and resulted in birth injuries. Parents should hire an attorney as soon as they suspect that a physician or hospital has committed malpractice. A lawyer can help parents to avoid missing the deadline if they suspect a doctor or hospital has committed a crime. A lawsuit is typically initiated by an attorney filing a Summons & Complaint against the malpractice insurance company. The defendant is then given the option of filing an Answer and provide details about their version of the story through a process called discovery. During this stage attorneys will share documents and evidence with each others, including expert testimony. Attorneys will often send a demand packet to the malpractice insurance company prior to proceeding to trial, asking for an amount of money to settle the claim. Expert Witnesses Your lawyer will require experts to testify on your behalf if you submit a claim for medical malpractice against a healthcare professional due to birth injuries. They are usually other doctors or medical professionals with knowledge of the relevant field and an understanding of accepted practices within the field of. They can be crucial in establishing the four elements of your case, such as duty breach, cause and damages. When a medical professional commits carelessness, like not monitoring the mother's blood pressure or giving birth via a cesarean section instead of a vaginal birth, the legal procedure may become complicated and difficult to navigate without a skilled legal team. Expert witness testimony can be used to prove your case and establish the facts in the trial of a jury. Medical experts can provide their expert opinions in two different ways: consulting and witnessing. Experts are hired as consulting experts to explain certain aspects of a particular case, such as medical records and imaging studies. This is usually the first step in a lawsuit for medical malpractice that is before the plaintiff and defendant agree to go ahead with a trial. A trial can be a stressful and stressful for those who suffer of medical malpractice, particularly in birth injury cases involving children who suffer from permanent cognitive or physical impairments. If your case goes to trial, you will need to establish the defendant's culpability. This involves proving that the defendant's actions went against the standard of care accepted and caused the injuries to your infant.