Share what happened to your baby and find out if you have a case My Case Now. However, if you didn't become aware that a birth injury occurred until much later due to development delays or learning difficulties, you have 1 year from when the injury was discovered and your child is diagnosed to file a lawsuit. Settlement: Most lawsuits end in a settlement — a legal agreement to conclude the case. Thankfully, it may be possible to sue doctors or hospitals for birth injuries and get financial compensation for your child's suffering. Before you decide, ask us to send you free written information about our qualifications and experience. Cerebral palsy is a congenital disorder that affects a child's movement, muscle tone, and brain development. A birth injury is damage that occurs when a baby or mother is harmed or left untreated for illness before, during, or just after delivery. Proving whether a birth injury was caused by a medical error or some unavoidable factor is the single biggest challenge in these types of cases. When to Sue for a Traumatic Birth Injury. In South Carolina, how long do I have to file a lawsuit? Certain factors can make vaginal delivery dangerous. While you can file a claim for the injuries your baby has incurred, parents can also file for having to endure the traumatic event of watching their baby suffer. Medical records of your baby's birth injury and follow-up care. Yet tragically, 7 out of every 1, 000 babies will suffer a birth injury. In most wrongful death and medical malpractice cases, plaintiffs have a limited amount of time in which to file a claim.
However, when a medical professional fails to act within the standard of care and a child is injured during delivery, that medical professional could be guilty of medical malpractice. This places incredible financial burdens on families and a birth injury lawsuit may provide necessary compensation, including: - Medical bills, rehabilitation, and long-term care. Birth Injury Medical Negligence - Are Birth Injuries Preventable. Fractured collarbones: A fractured collarbone can happen for any number of reasons, but it is also highly preventable. Visit our attorney directory to find a lawyer near you who can help.
Call us today at 1-800-535-1797 to learn more. Medical negligence during delivery. Documents of a mother's treatment during her pregnancy and delivery, as well as records of a baby's birth and care after being delivered, are crucial in establishing whether malpractice was committed and the degree of the malpractice. Overuse or applying excessive force can make the device harmful to the baby. Loss of companionship. What Type of Damages Come From Birth Injuries? Excessive use of labor-inducing drugs. There are many risk factors that doctors and mothers alike should be aware of. In both of these situations, the clock does not start ticking in discovery rule states until you "discover" an injury occurred and someone else was responsible. Brachial plexus: If a baby's head is stretched to one side during delivery, this could pinch the brachial plexus nerves in the spinal cord and cause permanent damage. When health care professionals or the institutions they work for cause a patient harm through negligence, inappropriate action, or inadequate treatment, they may have committed medical malpractice. At Carey Leisure & Neal, our attorneys have ample experience handling birth injury cases that are accepted by NICA and in the traditional medical malpractice tort system. Can you sue a hospital for traumatic birth injuries. Intraventricular hemorrhage. Medication given to induce labor can have unwanted effects like excessive contractions which can put additional stress on the uterine muscles.
Consequently, immediate surgical delivery may be recommended as a safe alternative to vaginal birth. For example, if a state has a three-year statute of limitations for medical malpractice cases and a birth injury occurs on January 1, 2018, the plaintiff would have until January 1, 2021, to file a lawsuit against the doctor, hospital, or another liable party. Again, imagine that your child suffered a birth injury, but you did not become aware of it until a year later. If you believe your child suffered from a birth injury caused by medical negligence, you maybe able to work with a birth injury lawyer at a skilled law firm. Can I Sue for a Birth Injury in Florida? | Florida Birth Injury Attorney. What kind of support that will be needed due to the injury. They often happen when the baby's head is compressed by the birth canal. For a no-cost initial consultation, please call (877) 433-3906. As such, the NICA fund does not employ a one-size-fits-all approach.
Failing to recognize symptoms of illness or injury. High or low blood pressure. Who Qualifies for a NICA Claim? Can you sue a hospital for traumatic birth control. Legal compensation from a birth injury lawsuit can help you pay for the treatment your child deserves. Depending on your state, there could be exceptions or addendums to the statute of limitations. Cephalohematoma: Cephalohematoma is a rupture of blood vessels due to pressure on the head using forceps during birth and can cause early-life anemia, meningitis or jaundice. Once a child is born, medical professionals must monitor the baby and mother for any complications that may arise. This means that you will have to present enough evidence to show that it is likelier than not that the defendant's negligent actions or omissions caused your child's injuries.
Before you can understand how suing a hospital works, you must first understand that physicians are often not employees of the hospitals they operate out of. How do you prove a birth injury?
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