The birth of a child is a life-changing event. It can also be a stressful time, especially when something goes wrong during delivery. A medical mistake may cause a child to suffer from an injury that affects their quality of life forever. This is why families need to hire a Birth Injury Lawyer in Arvin CA to receive compensation. This compensation can cover medical expenses, rehabilitation costs, and other financial losses.
Medical malpractice
Birth injuries often have lasting effects, and can drastically reduce a child’s quality of life. They can cause health problems that last a lifetime or even shorten their lives, which is why parents who suffer medical malpractice deserve specialized legal representation.
A New York birth injury lawyer can help families build a comprehensive claim for damages. This includes economic losses like medical bills and lost income, as well as non-economic damages such as pain and suffering. A successful lawsuit can provide a family with the resources they need to secure a brighter future for their child.
A successful claim can also help a family recover punitive damages, which punish the defendant for their actions. These damages can significantly increase the amount of compensation awarded to victims of medical malpractice. They can also deter others from committing such acts in the future. This type of award is usually reserved for cases involving the most serious medical errors.
Defective medical devices
Medical devices are used to treat various conditions, but they can be defective and cause injury. A defective device may be due to a flaw in the design, manufacturing, or marketing of a device. Injuries resulting from these defects can result in permanent injuries and even death.
Birth injuries include traumatic physical harm sustained by a baby during the labor and delivery process. They differ from birth defects in that they do not predate the birthing process, but rather reflect medical negligence by providers during these critical moments. Injuries such as hypoxic ischemic encephalopathy (HIE) and nerve damage can become serious and life-altering.
A qualified birth injury lawyer can seek compensation for a child’s future care and rehabilitation. Families can recover both economic damages such as medical expenses and loss of earnings capacity, and non-economic damages including pain and suffering. However, California’s medical injury cap laws (MICRA) do limit non-economic damages. Consequently, families should contact a lawyer as soon as possible.
Statute of limitations
A statute of limitations is a legal deadline that dictates when you can file a lawsuit. It can vary by state, and a birth injury lawyer can help you determine the appropriate timeline for your case. They can also assess whether your case has any exceptions that may affect the deadline.
Typically, parents have 2-3 years from the date of injury or discovery to file a claim. Some states use the discovery rule to extend this time, but this is a limited exception and it’s best to consult with an attorney as soon as possible to ensure that your family doesn’t miss out on compensation.
A birth injury lawsuit can provide financial compensation for medical expenses, pain and suffering, lost wages, loss of consortium, disability accommodations, and other damages. A lawyer can help you determine if the medical professional was negligent and how that negligence led to your child’s injuries. They can also handle the complex legal process and fight for your family’s rights in court if necessary.
Damages
If a medical professional’s negligence caused a birth injury, the victim may be entitled to compensation. This can include damages for past and future medical expenses, loss of earning capacity, home care costs, rehabilitative services, and specialized equipment. Non-economic damages may also be awarded, such as pain and suffering and diminished quality of life.
A birth injury lawyer can help the victim and family recover these damages. The attorney can negotiate with the medical providers’ malpractice insurers to try to settle the claim. They can also take the case to trial if a settlement cannot be reached.
A successful medical malpractice claim requires demonstrating that the defendant breached their duty of care to the patient. The lawyer can help establish this by presenting evidence that the defendant failed to follow the standard of care for that particular situation. The standard of care is defined by a combination of factors, including the medical profession’s education, experience, and training.