Frequently Asked Questions re Birth Injury Lawsuits

Frequently Asked Questions re Birth Injury Lawsuits

If your child has suffered a birth injury, you may feel confused - worried about your child’s future and wondering what steps to take to help you family and your child. Medical professionals can provide many answers concerning your child’s medical options and the next steps to take in their treatment. However, if you believe the injury was a result of medical malpractice, you may wonder what legal options may exist. In these situations, consulting with an experienced California birth injury lawyer is crucial to determining your next steps.

The primary issue to determine is figuring out exactly what happened. In a birth injury case, this involves an investigation into the medical treatment provided to both mother and child. For nearly all birth injuries, this requires an expert review of the medical records.

To make a case for medical malpractice, you will need to show that an injury occurred due to the negligence of a medical professional, i.e. that the health care worker’s actions did not meet the relevant standard of care, and that this sub-standard care led to harm.

Depending on the facts and circumstances, a lawsuit may be filed against a particular nurse or doctor, another healthcare worker, and/or the hospital or medical facility itself.

It is critical that you begin this investigation as soon as possible. Statutes of limitation exist that require a claim be made within a specific time period - as little as 6 months in some situations - so it is important not to delay.

If you are successful, you may be able to recover damages for medical costs and expenses over your child’s lifetime. This may include costs for treatment, future operations, physical and cognitive therapy and day-to-day care expenses. These costs may be nearly insurmountable. Bringing a lawsuit can help alleviate this burden.

To answer your questions, or for more information concerning filing a birth injury lawsuit, please contact the experienced California birth injury lawyers at Bostwick & Peterson, LLP for a confidential consultation.


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