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Birth Injury Lawsuits Medical errors during childbirth can result in life-changing consequences. They can be extremely expensive to treat, and leave families with huge financial obligations. A lawyer can assess whether you have a legal claim for compensation. They will examine your medical records and other evidence. You will need to show that the birth injury suffered by your child was the result of medical professionals not fulfilling their duty. You will require an expert witness. Statute of limitations The statute of limitations limit the time period you must bring a lawsuit. If you miss the deadline your case could be dismissed, regardless of the merits of your claim or how serious the injury. A national law firm can help to know the statute of limitations in your state, and help ensure that your claim is filed within the appropriate time frame. In the majority of medical malpractice cases the statute of limitations starts on the date of the negligent act or inaction. However, in the case of 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. For this reason, most states have a rule that delays the beginning of the statute of limitations for these kinds of claims until the child turns an adult legal. This is a challenge because, under normal circumstances, a person would not become an adult until they reached the age of 18. If your child has an extremely severe birth trauma due to medical malpractice, it is possible that you will need to make a claim before this legal threshold is reached. In these situations, it is critical to seek legal advice from a birth injury lawyer immediately. A lawyer can assist you to save and gather the required evidence to prove that your child's condition was caused by an medical professional's inability to adhere to the accepted standards of care. Causation Inviting a child into the world is a delicate task. However, mistakes made by medical professionals can result in severe injuries and lasting consequences for a family. If your child was injured during birth injury because of a doctor, nurse, hospital, or any other medical staff member's negligent actions during labor and birth You could be able to file a case of medical malpractice. Like any other medical malpractice claim, a birth injury lawsuit needs to establish four key elements: duty of care breach of duty, causation, and damages. Your lawyer can assist you make a convincing case by collecting and analyzing evidence such as medical records, imaging studies witness statements, and expert testimony. When pursuing a birth injury case, it is important to have an attorney who is familiar with these types of cases. Your lawyer may file a summons and complaint, and the defendant will typically respond with an answer. There will also be a period of discovery, where both sides exchange information. If the defendant is a doctor or another health care professional their lawyers will work on settling the case outside of the court. A medical malpractice lawyer with prior experience in negotiation with insurance companies will defend your legal rights and seek full compensation for the injury to your child. Additionally, many families receive financial support through a state's medical indemnity programs, which can help to pay for treatment and long-term care for a child with a birth injury. Damages A birth injury lawsuit usually seeks damages for the victim's economic losses as well as non-economic. Economic losses can include medical expenses or income loss, as well as the cost of treating an ongoing condition like cerebral palsy or brain injury. Non-economic damages could include pain and suffering and loss of enjoyment life, and loss of consortium (the bond between a spouse and their child). In order to obtain compensation for their clients, lawyers need to make a convincing case using evidence. Medical experts are often called upon to testify on whether or whether a medical professional violated the standard care and caused birth injuries. It is essential for parents to hire an attorney as soon as they suspect that a hospital or doctor might have committed malpractice. The statute of limitations may start to count down after the incident occurs or when it is discovered, and a lawyer can ensure that parents don't miss the deadline. A lawsuit is generally started by an attorney filing an Summons & Complaint against the malpractice insurance company. The defendant is given the opportunity to defend themselves and provide information on their side of the incident through a process known as discovery. In this phase, attorneys will exchange evidence and documents with each other, including expert testimony. birth injury attorneys davie make a demand to the malpractice insurance company before proceeding to trial, asking for a certain dollar amount to pay the claim. Expert Witnesses Your attorney will need experts to testify on your behalf when you submit a claim for medical malpractice against a healthcare provider that caused birth injuries. They are typically other medical professionals or doctors who are knowledgeable in a specific field and are aware of accepted practices within their field of expertise. They can be crucial in establishing four elements of your case. These include duty breach, cause and damages. If a medical professional is guilty of negligence, such as not monitoring the mother's blood pressure or having a baby delivered via a cesarean section rather than a vaginal birth, the legal procedure is often complicated and difficult to navigate without a competent legal team. Expert witness testimony can help prove your case and establish facts in the trial of a jury. Medical experts can provide unbiased opinions in two ways: by consulting and by testifying. Experts are hired as consultant experts to explain certain aspects of a particular case, such as imaging studies and medical records. This is usually the first step in a medical malpractice lawsuit, before the plaintiff and defendant are able to agree on a trial. Trials can be stressful and nerve-wracking for victims of medical malpractice. This is particularly true in cases where a child is suffering from long-term physical or cognitive impairments. If your case is brought to trial, you will need to demonstrate the defendant's negligence. This means proving that the defendant deviated from the accepted standard of care and that the deviation caused the injuries to your child.