Thousands of babies are born each year with significant birth defects caused by the negligent acts of their health care providers. Unfortunately, birth injuries caused by medical negligence are issues that many families are forced to deal with. Here at LawInfo.com, we offer helpful information regarding birth injuries and provide a list of experienced attorneys who can help you recover the on-going and expensive damages caused by the negligence of health care physicians.
Birth Injury Lawsuit:
- Who may file the lawsuit on behalf of the injured newborn?
Since newborn babies cannot file lawsuits on their own, the child's "guardian ad litem" must file the lawsuit on their behalf. A court will generally appoint you as your child's "guardian ad litem" after you file a petition asking for such with the court. A medical malpractice attorney will help you prepare this petition. Thereafter, the lawsuit will be filed in your name.
- What do you need to prove?
A lawsuit based on birth injuries is a form of medical malpractice action. It requires proof that the health care provider's actions fell bellow the standard of medical care in your community, that there was a breach of that standard by your doctor, and that the damages that occurred were a result of the doctor's actions. These types of suits can be difficult to prove and it may be best to consult with an attorney.
- Is there a time limit during which you should file your lawsuit?
Yes. A medical malpractice claim is subject to the statute of limitations. Statute of limitations is a law that sets forth the time period during which a lawsuit can be filed. Each state has their own statutes of limitations governing medical malpractice lawsuits. An experienced medical malpractice attorney from your state will know how to proceed with your case within the relevant statute of limitations.
Types of Birth Injuries:
How To Get Started and What To Expect:
- Retain an experienced Medical Malpractice attorney
- Seek Help of qualified Medical Experts. Your Medical Malpractice attorney will consult with highly qualified medical experts to determine the cause of your child’s injuries. Their testimony will be crucial to your medical malpractice lawsuit as their expert testimony help you prove that your doctor was negligent.
What to Do if My Child Suffers From a Birth Defect Due to Medical Malpractice?
If your child suffers from a birth defect or birth injury that you believe may have been caused by the negligence of health care providers, you should consult with an experienced birth defects attorney. Qualified birth injury lawyers will advise you how to best protect your child's interests.
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