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birth injury law firm michigan during childbirth can result in lifechanging consequences They can be costly to treat and leave families with significant financial obligations A lawyer will determine if you have a claim for compensation They will look over your medical records and other evidence You must prove that the medical professionals breach of duty caused your childs birth injury You will require an expert witness Statute of Limitations The statute of limitations imposes the time limit for how long you have to wait before filing a lawsuit If you miss the deadline the case will be dismissed no matter how legitimate your claim is or how serious the injury A national birth injury firm can help you know your states statute of limitations and make sure that your case is filed within the appropriate time frame In the majority of medical malpractice cases the statute of limitations begins to run on the date the negligent action was committed or omitted Birth injuries are often difficult to spot when the baby is born They may appear months or even years later Most states have a rule which delays the commencement date of the statutes of limitation for these kinds of claims until the child is a legal adult It can be difficult due to the fact that under normal circumstances an individual would not become adult until the age of 18 If your child suffers from a severe birth injury due to medical negligence you may have to file a claim before this legal threshold is met In these cases you should seek immediate legal advice from a specialist lawyer in birth injuries An attorney can help preserve and obtain evidence to prove that a doctors or other medical professionals inability to adhere to accepted standards of care led to the condition of your child Causation Inviting a child into the world can be a stressful process Unfortunately errors made by medical professionals can result in grave injuries and longlasting consequences for families If your child was injured during birth injury due to a doctor nurse hospital or other medical staff members negligence during labor and delivery it could be a case of medical malpractice Birth injury lawsuits must prove four key elements just like any medical malpractice case that includes duty of care or breach of duty and causation or damage and damages Your lawyer can help you in constructing a convincing case by analyzing and gathering evidence such as medical records imaging studies and witness statements When youre pursuing a birthrelated injury case its important to consult an attorney who is familiar with these types of cases Your lawyer can file a summons and complaint and the defendant should respond with an answer Both sides will share information during the discovery phase If the defendant is a physician or other health provider their lawyers will attempt to settle the case outside of the court A medical malpractice lawyer with the experience of dealing with insurance companies can protect your legal rights and demand full compensation for the injury to your child Additionally many families receive financial support through a states medical indemnity program which can help offset the cost of treatment and longterm medical care for a child suffering from an injury at birth Damages In a birth injury lawsuit damages are usually sought for both economic and noneconomic losses Economic losses can include medical bills lost wages and the cost of medical treatment for a longterm illness such as cerebral palsy Noneconomic damages can include pain and discomfort loss of enjoyment of living and loss or consortium the bond between the child of a spouse and their spouse To obtain compensation for their clients lawyers must make a convincing case using evidence Medical experts are often asked to testify about whether or the medical professional infringed on the standard of care or caused birth injuries Parents should contact a lawyer immediately if they suspect that a physician or hospital has committed malpractice A lawyer can help parents to avoid missing the deadline if they suspect that a doctor or hospital has committed malpractice A lawsuit is typically initiated by an attorney who files a Summons and Complaint against the malpractice insurance company The defendant is entitled to answer and provide evidence on their side of the story through a process known as discovery In this phase attorneys will exchange documents and evidence with one and will also exchange expert testimony Before going to trial attorneys typically send a bundle of demands to the malpractice insurance firm asking for a certain amount to settle any claim Expert Witnesses Your lawyer will require experts to testify on your behalf when you make a claim for medical malpractice against a healthcare provider that caused birth injuries They are usually medical professionals or doctors who are knowledgeable in a particular field and are familiar with accepted practices within their area of expertise They could be vital in establishing four elements of your case These include duty breach cause and damages Legal proceedings can be complicated and difficult to navigate when medical professionals are negligent for instance if they fail to check a mothers high blood pressure or when they deliver the baby via cesarean instead of vaginally Expert witness testimony can support your case and establish facts in the trial of a jury Medical experts can provide their expert opinions in two ways by consulting and by witnessing Experts are hired as consultant experts to present certain aspects of a case such as imaging studies and medical records This is typically the first step in a medical malpractice suit before the defendant or plaintiff agrees to begin the trial A trial can be a stressful and stressful for those who suffer of medical malpractice specifically in birth injury cases involving a child with permanent cognitive or physical impairments If your case goes to trial youll have to prove the defendants negligence by demonstrating that they strayed from the accepted standards of care and that this deviation resulted in the injuries of your child