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Birth Injury Lawsuits Birthrelated medical errors can cause lifealtering effects They can be extremely costly to treat and cause families to be faced with substantial financial burdens A lawyer can determine if you have a claim for compensation They will look over your medical documents and other evidence You must prove that the birth injury suffered by your child was the result of medical professionals who did not fulfill their duty You will need an expert witness Statute of Limitations The statute of limitations imposes an amount of time you have to file an action If you fail to file by the deadline your case could be dismissed no matter the merits of your claim or how serious the injury A national birth injury law firm can help to know the statute of limitations in your state and help ensure that your claim is filed within the appropriate timeframe In most medical malpractice lawsuits the statute of limitations starts to run from the date that the negligent action was committed or omitted However with birth injuries some of these injuries may not be apparent at the time of the birth and may only be identified months or even years later This is why many states have a particular rule that delays the start of the statute of limitations for these types of claims until the child turns a legal adult It can be a challenge because under normal circumstances an individual does not become an adult until 18 If your child has an extreme birth trauma due to medical malpractice its possible that youll have to bring a lawsuit prior to the legal threshold has been reached In such cases you must seek legal advice immediately from a specialist lawyer in birth injuries An attorney can help save and gather the required evidence to prove that your childs condition was the result of a doctor or other medical professionals failure to follow the accepted standard of care Causation The birth of a child is a delicate procedure Unfortunately mistakes made by medical professionals can result in grave injuries and longlasting consequences for families If your child suffered a birth injury due to the negligence of a doctor nurse hospital or any other medical staff members careless behavior during labor and delivery there is a chance that you could have a case of medical malpractice Like any other medical malpractice claim a lawsuit for birth injuries requires the establishment of four main elements duty of care and breach of duty damages and causation A lawyer can aid you in constructing a solid case by analyzing and gathering evidence like medical reports imaging studies and witness statements When youre pursuing a birthrelated injury case its crucial to work with an attorney who is experienced in these types of cases The lawyer will file a summons complaint and the defendants response is usually a yes or no There is also a time of discovery during which both sides exchange information If the defendant is a physician or another health care professional their lawyers will work on settling the matter outside of court A skilled medical malpractice lawyer is able to negotiate with insurance companies ensuring your legal rights while seeking full and fair compensation for the injury your child sustained In addition many families are eligible for financial assistance through state medical indemnity plans which can help offset the cost of treatment and longterm care for children with an injury to their birth Damages A birth injury lawsuit usually seeks damages for the victims economic losses as well as noneconomic Economic losses can include medical expenses loss of income the cost of caring for the longterm condition such as cerebral palsy or a brain injury Noneconomic damages include pain or discomfort loss of enjoyment of living and loss or consortium the bond between a spouses child and their spouse The law requires that lawyers make a convincing case using evidence to get compensation for their clients Often the evidence is provided by medical experts who provide evidence as to whether the medical professional violated the standard of care and caused a birth injury It is important for parents to hire an attorney when they suspect that a hospital or doctor might have committed malpractice birth injury law firm palm coast of limitation may begin to decrease following the time an injury occurs or when it is discovered and a lawyer can make sure that parents do not miss this deadline A lawsuit is usually initiated by an attorney filing an Summons and Complaint against the malpractice insurance company The defendant is able to answer and provide information regarding their side of the incident through a process known as discovery During this stage lawyers will exchange documents and evidence including expert witness testimony Attorneys will often send a demand package to the malpractice insurer before proceeding to trial asking for a certain dollar amount to settle the claim Expert Witnesses Your lawyer will require experts to testify on your behalf when you file a claim for medical negligence against a healthcare provider due to birth injuries These experts are typically medical professionals or doctors who have expertise in a specific field and know accepted practices within their field of expertise They can be crucial in establishing the four elements of your case including duty breach cause and damages Legal proceedings can be complicated and difficult to navigate when a medical professional is negligent for instance if they fail to keep track of a mothers high blood pressure or deliver a child via cesarean birth instead of vaginally Expert witness testimony is a powerful evidence to support your case at trial and establish the facts Medical experts can offer their expert opinions in two different ways by consulting and by providing testimony Consulting experts are hired to provide particular aspects of a particular case like medical records or imaging studies This is usually the first step in a medical malpractice lawsuit before the plaintiff and defendant agree to go ahead with the trial Trials are stressful and nervewracking for those who suffer from medical negligence This is especially true when a child suffers from longterm physical or mental impairments If your case is taken to trial youll need to show the defendants negligence This means proving that the defendant erred from the accepted standard of care and caused the injuries to your infant
