Do I Have A Birth Injury Case For My Child? 5 Things You Must Know
The birth of a child is a joyous time for parents. Unfortunately, some births don’t go as planned, and a birth injury occurs. These injuries can range from mild to disabling, and are often the result of medical malpractice. If your child suffered a birth injury, you may be able to file a lawsuit to obtain compensation for his or her injuries. Below are five things you should know about these injuries and your legal rights.
There Is A Difference Between Birth Injuries And Birth Defects.
A birth injury occurs at some point during childbirth. In most instances, birth injuries are caused by human error on the part of the doctor or labor nurse. A birth defect is a condition caused by genetic predisposition. This means the defect is present before birth. In some instances, it can be difficult to prove the cause of the defect. According to the Center For Disease Control, cerebral palsy can be caused by birth injury during labor, or it can be a congenital defect. In these cases, it may take the testimony of medical experts to prove that the injury was caused by malpractice. Many attorneys who represent doctors in birth injury cases argue that the child’s injuries are the result of a birth defect, and not a birth injury. For this reason, you may want to have an experienced personal injury lawyer Charlottesville VA trusts representing you.
2. There Is A Statute Of Limitations On Birth Injury Cases
There is a specific period of time in which you must file a lawsuit for a birth injury. The statute of limitations for filing a medical malpractice claim for birth injuries varies from state-to-state, but typically range from 2 to 3 years after the birth of the child. It may be important that you speak with an attorney about your case as soon as possible to avoid losing the right to file your case with the court.
3. You May Be Able To Recover Damages
If your child suffered a birth injury, you most likely have mounting medical bills and therapy fees. While filing a lawsuit to recover damages for your child’s injuries may seem like a daunting task, it may help you recover the money you need to care for your child. Below are some damages you may be able to recover in a medical malpractice lawsuit for a birth injury:
– Medical bills
– Future medical bills
– Pain and suffering
– Transportation costs to doctor visits
– Therapy costs
– Costs of medical devices
– Loss of income for time off for doctor visits
4. You May Be Able to Receive Help From The Government
If your child has permanent disabilities as the result of a birth injury, you may be able to receive financial help from the government. Some programs available in the United States include:
– Social Security Disability
– Health Care Coverage
– Educational Services
5. A Lawyer May Be Able To Help
If your child suffered an injury during childbirth, it may benefit you to speak with an attorney for advice. A personal injury attorney can examine your case and advise you how to move forward. Hiring an attorney may give you peace of mind as you weave your way through the legal process.
Thanks to our friends and contributors from MartinWren P.C. for their insight into personal injury practice.