A child birth injury case can take between 1 and 2 years to settle, meaning you are able to reach a settlement by negotiating back and forth with the healthcare provider’s insurance company. However, this timeframe is an estimate that we are basing on many years of experience with medical malpractice lawsuits. In actuality, it can take anywhere from several months to over 3 years to obtain justice on behalf of those who are injured during the birthing process, or while the mother is pregnant or in labor.
Overall, we would say that it’s very rare for a birth injury lawsuit to settle in 6 months or less. Keep in mind that these lawsuits are based on advanced medical knowledge, professional standards of care for a doctor, nurse, etc., and other concepts that most people have little to no understanding of. Obtaining the required evidence, including expert witness statements, and building a solid case for medical malpractice is typically a long and difficult process.
We also have to consider how serious these allegations are, as they can easily ruin a doctor’s career, not to mention the hospital / clinic’s reputation. You are likely to face considerable resistance from the defendant, who will try to minimize their liability for your child’s suffering and reduce the amount of compensation you are owed.
When all is said and done, quite a few of these cases will take around 18 to 24 months. At some point, it may be decided that negotiations are no longer possible and taking your case to trial is the best course of action. Please be aware that birth injury lawsuits rarely go to trial, as the other side is fully aware that making you a fair settlement offer is in their best interest. But, if asking for a trial date is the only viable option, resolving your child birth injury claim once and for all can take between 3 and 5 years.
By seeking help from a birth injury lawyer, you can reach a resolution to your lawsuit as fast as possible, while ensuring that you are receiving a fair amount of compensation from the party at fault. Our attorneys are here to answer your questions and walk you through the available legal options, so please contact us if negligence by a medical professional is the reason your child ended up with a birth injury.
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Types of Birth Injury Lawsuits
Birth injury is a broad category to describe injuries that can happen to a baby due to negligent prenatal care or unsafe practices in the delivery room. It’s important to understand the full scope of injuries that are involved, since many people assume that birth injuries only refer to issues that occur during the birthing process. However, a birth injury can happen because of problems during the pregnancy, like a doctor failing to account for the mother’s pre-existing medical conditions.
Here are some of the most common child birth injury lawsuits that are handled by our attorneys:
Failing to monitor vital signs: Medical staff must constantly monitor vital signs for both the mother and baby during the delivery. Not doing so is a leading cause of medical complications that can lead to catastrophic injuries for the infant.
Brain damage during or before childbirth: brain injury caused by doctor negligence can result in cerebral palsy, a neurological condition with permanent complications for the child. These include a variety of physical, mental, and developmental issues that may require round-the-clock care.
Improper usage of surgical tools: The usage of tools like extractors and forceps should be a last resort, as they can easily cause irreversible harm to the infant. Unfortunately, some doctors use such tools when they are not a medical necessity, or use them in an inappropriate manner.
Excessive force used by the delivery doctor: Doctors must exercise caution if they decide to manually extract the baby from the birth canal. If the physician uses too much force, it can lead to a serious injury for the infant, such as shoulder dystocia and Erb’s palsy.
Anesthesia and medication errors: Anesthesia and various forms of medications may be used during a delivery to aid the mother in the birthing process. Improper administration of a drug or failure to use them as needed can have devastating consequences for the mother and child.
Medical errors during a C-Section: Doctors in charge of expectant mothers must recognize the signs that indicate a C-section is needed. Additionally, they must take specific safety precautions and use medically approved methods to ensure a safe delivery.
How Long Do I have to Sue for a Child Birth Injury?
According to California law, the statute of limitations for a neonatal or birth injury lawsuit is based on whenever the child turns 8 years old. This is quite different that the deadline for a standard personal injury claim, which is 2 years from the incident date. The extended amount of time is due to the fact that a birth injury may not be noticeable right away. In many cases, the parent may not notice that something is wrong until their child misses important milestones – like walking and speaking in complete sentences – are missed. Other injuries take even longer to appear as noticeable symptoms, and this is why some children do not receive an official diagnosis until they are older.
How to Prove a Birth Injury from Medical Malpractice Case
Proving that a doctor failed to meet the required standard of care is extremely difficult, and it’s not something you are likely to accomplish on your own. For one thing, you will need medical experts with the right credentials to show that the doctor failed to exercise reasonable care that any other doctor would have under similar circumstances. In addition, they must show evidence that had the doctor taken those steps, your child would not be suffering from a brain injury or another serious health condition. The expert must also rule out any other circumstance that could have caused your child’s injury.
Along with expert testimony, you must establish a legal basis to go ahead with a lawsuit. This requires expert knowledge of the state’s medical malpractice laws and years of experience in filing compensation claims against healthcare providers. This is why representation from a birth injury lawsuit attorney is highly recommended, which you can obtain by contacting our office.
What is the Average Value of a Child Birth Injury Lawsuit?
Many lawsuits for birth and neonatal injuries are settled for over $1,000,000, with the most extreme cases resulting in verdict of $10,000,000 or more. This is based on the severity of injuries and the medical needs the victim will have for the rest of their lives. For the most part, brain injury cases have the highest settlement values (cerebral palsy, for example), but this is not an absolute rule. In fact, there are many factors that impact the amount that each plaintiff is entitled to.
Please note that unlike other personal injury lawsuits, medical malpractice cases have a limit on the amount of non-economic damages that can be awarded to the victim. By non-economic damages, we are talking about intangible losses that are experienced by someone as a result of another party’s negligence. Examples of non-economic damages include pain and suffering, loss of consortium, and emotional distress.
In California, there is a limit of $350,000 for non-economic damages if the cause of harm was medical malpractice. On the other hand, there is no maximum on how much you can receive in economic damages. Thus, quantifiable losses, like lifetime care and medical expenses, can be however much is needed to adequately provide for the child’s needs. With that in mind, it’s essential to have a lawyer by your side that can fight to bring you every penny you deserve from a lawsuit for negligence during pregnancy, labor, or birth.
Contact a Medical Malpractice Attorney
The birth injury lawyers of Normandie Law Firm are dedicated to fighting for those whose lives are forever altered by a negligent doctor. We are more than ready to investigate what happened to you and your child and ensure that you receive maximum payment from a birth injury lawsuit.
As one of our clients, you are protected by the Zero Fee Guarantee from day one. This is a policy where we agree to represent you on contingency and wait to receive a portion of your settlement at the end of your lawsuit. Since recovering your payment is the only way we get paid, we make $0 if we fail to win your case.
For a free case review to learn about your rights and legal options, contact us today.
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