Personal Injury Attorneys: Getting What You Deserve

How Can An Attorney Help With Your Birth Defect Case?

21 May 2020

Laurie Flores

Birth defects are any damage to a baby at delivery, which the doctor responsible for the delivery may have avoided by an intervention. For one, if during birth there are complications, and a doctor did not conduct a c-section to give the baby oxygen, brain injury can result. If the child survives, it is highly probable that they will experience severe and permanent physical or mental damage.

Medical malpractice is the general concept used for a range of occurrences whenever a practitioner commits some error that ends in disability or death. These fields cover childbirth accidents, delayed or misdiagnosed diagnoses, or inappropriate care. If you'd like to file a medical malpractice lawsuit, you need to know what is necessary to file. A personal injury attorney can help with the often-grueling process. 

Medical Malpractice Lawsuit Reasons

A birth defect is a birth complication that causes an infant to become deformed or hindered. Many people believe that these birth defects are natural. A multitude of variables, including fetal distress, improper birth positioning, a late c-section, and other factors other factors, may cause birth defects. If the child has a birth disability, has a birth defect caused by the lack of treatment or misdiagnosis, needs to contend with drug mismanagement effects, or is hurt or disabled through childbirth or an otherwise regular or minor procedure, you are legally eligible to pursue a lawsuit. Cognitive disorders typically make up the largest number of lawsuits filed for malpractice.

Work With an Attorney

Working with an experienced lawyer is the most useful thing you could do for your baby. You and the counsel need to show that professional incompetence and malpractice happened. Much of this requires a great deal of supporting documents, medical exams, autopsies, and often testimony. It's exceptionally tough to keep your poise and make the right decisions when having to fight on behalf of a child, but it is vital. It is also important to get an expert on your team for securing the outcome you deserve and knowing the court procedures.

Statute of Limitations

Every state may have a specific statute of limitations for bringing a complaint on behalf of a juvenile alleging medical malpractice. Typically, though, the attorney should file within a few years of the incident, though there are some exceptions for a later discovery. It also must be filed before the child is a legal adult. This is broader than the limitation classification on adult medical malpractice.

Parents may well be able to get a diagnosis if the child has a foreign object lodged internally, if the doctor overlooked a cancer diagnosis, or, in some situations, if the event led to a long-term disability. If your child gets a birth defect and you need an injury lawyer, a personal injury lawyer with expertise in birth injury lawsuits is critical.

For more information about pursuing a medical malpractice claim for a birth defect, talk to birth defect attorneys near you.

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