• My Baby Has A Birth Defect that is Serious. Can I Sue The Physician or Other Medical Professionals?

    My Baby Has A Birth Defect that is Serious. Can I Sue The Physician or Other Medical Professionals?

    Although you may be able to sue your doctor, the answer is not necessarily always going to be yes. Although physicians are trained medical professionals held extremely high standard for care in the treatment of their patients conditions and medical activities (such as the birth of a child.) These doctors are not able to guaranteeing results, but rather are generally held to operate at a standard or minimum standard or level of care. Birth defects and injuries can occur regardless of whether a doctor operated at a high level of professional excellence and regardless of whether they were thoroughly qualified as a doctor, and assisted with the help of a trained, professional, and highly capable medical team.
    These medical professional may have diligently done all that was possible in order to bring a safe as well as a healthy, normal birth delivery. Lawsuits based alone on the presence of birth injuries or birth defects is not correct. Instead, some form negligence must be present for medical malpractice to have occurred and for which a medical malpractice action can be taken. Medical malpractice requires definitive proof that the physician or other medical staff member acted negligently as they rendered professional medical assistance. The birth injuries or birth defects must be proven to have occurred from these negligent actions. These medical types of lawsuits are very difficult for a person to prove and required the consultation with a lawyer specializing in medical malpractice and ideally specializing in birth defects or birth injuries.

    What Causes a Baby to be Born with Cerebral Palsy?

    Cerebral Palsy is a brain condition. Most cases of injury to a baby’s brain found in children with cerebral palsy occurred prior to birth- and more distinctly resulted from development in the initial 6 months in pregnancy. Medical experts hold the belief that the baby’s brain injury happened as a result of 3 potential reasons:

    1. PVL - Periventricular leukomalacia
    Some medical experts hold the belief that a lack of oxygen to the unborn child’s cells in the brain could be at blame. These reasons of PVL have typically been related with the health of the mother - whether this comes from having become infected, had extremely low blood pressure, or delivered the baby in a premature birth. Other cases include the use of illegal drugs while pregnant.

    2. Abnormal Brain Development
    When a baby’s brain doesn’t develop as it’s intended, the baby’s muscles may be affected and cause cerebral palsy. Medical experts hold that an unborn child has the highest vulnerability for abnormal brain development in the initial 6 months of pregnancy.

    3. Intracranial hemorrhage
    This condition of intracranial hemorrhage points to bleeding within the baby’s brain and is caused from the unborn child suffering a stroke. Following a stroke, the baby’s bleeding brain may prevent the blood supply from reaching the baby’s vital brain tissue. In the absence of blood, the child’s brain tissue dies or becomes seriously damaged.

    Is there Some Kind of Limit Regarding When I can Sue a Doctor for my Baby Having Cerebral Palsy or Some other Birth Injury or Birth Defect?

    Yes. Just like other civil lawsuits, a personal injury claim as this lawsuit would be, is subject of each individual state’s respective statutes of limitations. A Statute of limitations is a section of the legal code setting time periods for which lawsuits may be filed. Once these time limits have expired, and a lawsuit has not been filed, any claim might which may have existed previously is forfeited. This is an important factor to note, because in many cases such as birth injuries, it’s important that a parent contact a birth injury lawyer (birth defect lawyer) as soon as is possible if you suspect a major problem. Your baby’s cerebral palsy attorney can guide you safely over statute of limitations issues as well as other legal and procedural obstacles which your opposing side’s legal team my thrown your way.

    My Baby Is Just 3 Months Old. Is My Baby the One Actually Filing Suit? How could a Child of Such Young Age File A Medical Lawsuit?

    Obviously a 3-month-old simply cannot file a legal suit without help, let alone know that they should file a lawsuit at all. Your child therefore require both your help as the baby’s "guardian ad litem" that they file suit with the help of a competent attorney for birth injuries. Your birth injury lawyer will understand and know exactly how to file a lawsuit with the court in order to appoint you as the parent, to be the baby's "guardian ad litem." The injury lawsuit would then be filed in your name as the baby’s representative.

    What Happens If the Medical Practice or Hospital Destroys My Baby’s Health Records?

    Usually a hospital retains a baby’s health records during a specific period of time. If you have waited for a period of time longer than immediately following birth, and you want to later pursue the medical malpractice claim, then you could have a serious obstacle to filing a lawsuit. An advantage of hiring (at no cost to you unless your lawyer wins you a financial settlement or financial award from birth injury,) your competent birth injury lawyer during early stages from a lawsuit knows the proper steps to take in order to make sure that all medical evidence, such as medical records are preserved properly.

    How Can It be Proven that the Doctor was at Fault?

    Medical malpractice experts are called to testify and research, prepare, and present their findings as parts of medical malpractice cases. These malpractice lawsuits from birth injuries hinge mainly on medical expert witness testimony. A medical expert witness would be a person demonstrated and shown through a long and distinguished track record as an expert in the medical field. Your birth injury attorney will see that your specific legal case is thoroughly reviewed by medical experts with high qualifications. Their expertise will yield the expert medical testimony necessary in proving if your doctor's actions were below the required standard of care required in the medical field. They will help you to prove whether there was, in fact, a valid breach by your doctor or other medical staff of the medical standard required of medical professionals. And ultimately, these medical experts along with your birth injury attorney will determine what kind of damages resulted from your doctor's actions.
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