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Birth Injury Lawsuits Birthrelated medical mistakes can have lifealtering consequences They can be extremely costly to treat and leave families with significant financial obligations A lawyer can decide if you have a legal claim for compensation They will scrutinize your medical records and other evidence You will need to 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 limit the time period you must start a lawsuit If you fail to file by the deadline your case could be dismissed regardless of how valid your claim or how serious the injury A national law firm can help to understand the statute of limitations in your state and make sure that your claim is filed within the appropriate deadline In the majority of medical malpractice cases the statute of limitations starts on the date of the negligent act or error However with birth injuries some of these injuries may not be apparent at the time of the delivery and can only be discovered months or even years later Many states have a law that delays the start date of the statutes of limitation for these types of claims until the child turns legally able adult Its not easy due to the fact that under normal circumstances a person will not be considered an adult until the age of 18 If your child is suffering serious birth trauma due to medical negligence it is possible that youll need to make a claim before this legal threshold is reached In these circumstances it is imperative to seek legal advice from a lawyer for birth injuries immediately An attorney can help preserve and gather evidence to show that a doctors or another medical professionals failure to adhere to accepted standards of care led to the childs condition Causation Bringing a child into the world is a delicate procedure Unfortunately errors made by medical professionals can lead to severe injuries and lasting consequences for families If you believe that a doctor an employee of an institution or a member of the medical staff was negligent during the labor and birth process and caused your child to suffer an injury to their birth you may have a medical negligence case Like any medical malpractice claim a birth injury lawsuit must prove four key elements duty of care breach of duty causation and damages Your lawyer can assist you in building a strong case by analyzing and gathering evidence such as medical reports imaging studies and witness statements When birth injury attorney des moines pursuing a birthrelated injury case its important to consult an attorney who has experience in these cases Your lawyer can file a summons as well as a complaint and the defendant is expected to respond with an answer Both sides will share information during the discovery phase If the defendant is a doctor or other health provider their attorneys will seek to settle the case outside of court A seasoned medical malpractice lawyer is able to negotiate with these insurance companies protecting your legal rights and pursuing full and fair compensation for your childs injuries Many families also receive financial aid through statesponsored medical indemnity insurance programs These programs can assist in reducing the cost of treatment and long term care for a baby with a birth defect Damages In a birth injury lawsuit damages are typically sought for both economic and noneconomic losses Economic losses may include medical bills loss of income the cost of caring for an ongoing illness such as cerebral palsy or brain injury Other damages that are not economic include pain and discomfort and loss of enjoyment of living and loss of consortium the bond that exists between the child of a spouse and their spouse To get compensation for their clients lawyers must construct a strong case using evidence Medical experts are often asked to testify as to whether or the medical professional breached the standard of care and caused birth injuries It is essential for parents to get an attorney whenever they suspect that a hospital or doctor might have committed malpractice The statute of limitations can begin to run out after the incident occurs or when it is discovered and a lawyer can make sure that parents do not overrun this deadline A lawsuit usually starts with an attorney filing a Summons and Complaint against the malpractice insurer The defendant is given the opportunity to respond and provide details about their side of the story via a process called discovery In this stage lawyers will exchange documents and evidence which may include expert witness testimony Before going to trial attorneys often send a package of demands to the malpractice insurance company asking for a specific dollar amount to settle the claim Expert Witnesses Your lawyer will require expert witnesses on your behalf when you file a claim for medical negligence against a healthcare provider due to birth injuries They are usually medical professionals or doctors with expertise in a particular field and know accepted practices within their field of expertise They can play a significant role in establishing the 4 elements of your claim breach of duty causation damages and breach Legal proceedings can be a bit complicated and difficult to navigate if medical professionals are negligent for example when they fail to keep track of the mothers blood pressure or deliver a baby by cesarean instead of vaginally Expert witness testimony is a powerful evidence to support your case in a trial and establish the facts Medical experts can provide their expert opinions in two ways by consulting or speaking in court Experts are hired as consulting experts to explain certain aspects of a case such as imaging studies and medical records This is typically the initial step of a medical malpractice suit before the defendant or plaintiff agrees to commence the trial Trials can be stressful and stressful for the victims of medical malpractice specifically those who suffer birth injuries or children who have chronic cognitive or physical impairments If your case is brought to trial youll have to prove the defendants negligence This requires proving the defendant deviated from the standards of care that are accepted and that the deviation led to the injuries to your infant