How Do Preventable Birth Injuries Happen?
In Maine and throughout the United States, all medical professionals owe a duty of care to their patients. This duty requires them to treat their patients as safely and effectively as possible, while following the accepted practices of their particular field. If a medical professional deviates from these accepted practices and injures on of his or her patients, he or she may be considered medically negligent.
Proving Negligence In Your Legal Case
This is the crux of all birth injury malpractice lawsuits. If you and your legal counsel can prove negligence through medical evidence and testimony from medical experts, you’ll have a strong case for victory through a malpractice lawsuit.
There are all kinds of medical mistakes that could induce a birth injury. Some of the more common errors include:
- Mistakes using forceps, vacuum extractors, and other assisted delivery tools
- Pulling on an infant’s stuck limb excessively hard
- Complications from a vaginal birth that could be prevented with a c-section
- Failing to diagnose and treat a maternal health condition
- Failing to notice and treat signs of fetal distress
You may be unsure if your child’s birth injury occurred due to negligence or unavoidable circumstances. In order to determine the cause, it’s necessary to have the medical details of your case evaluated by a medical expert, along with an experienced Maine birth injury lawyer.
Consequences Of A Serious Birth Injury
When medical negligence leads to a birth injury, the consequences can last an entire lifetime. These consequences affect not only the child’s life, but the lives of their family members as well.
Children with these injuries may struggle socially and professionally, and in some cases, struggle to take care of themselves in daily life. Parents may have to interrupt their careers to care for their children, along with trying to keep up with the steep financial costs of supporting a child with a severe birth injury.
Birth injury lawsuits can provide financial support for families in this situation, which can be awarded for both economic (e.g. medical expenses, lost wages, etc.) and non-economic damages (e.g. pain and suffering, loss of quality of life, etc.).
Maine Medical Malpractice Statutes
Like all other states, Maine has their own laws for handling medical malpractice lawsuits. It’s good to be aware of these laws, but determining how they apply to your case can be complicated. All things considered, it’s more important to find a lawyer with experience in Maine birth injury malpractice cases who can help you better understand your legal rights.
Time Limit For Filing A Lawsuit
Each state has their own deadline for filing a medical malpractice lawsuit. However, this deadline varies depending on the unique circumstances of the case. Claims involving minors are especially complex.
If you’re unsure if you’ve already missed the statute of limitations, one of our birth injury lawyers can help you determine if that’s the case. It’s best for all victims of malpractice to take legal action as quickly as possible to avoid missing this deadline.
Cap On Financial Compensation
Maine only limits the amount of financial compensation you can recover in wrongful death malpractice lawsuits. Both economic and non-economic damages are uncapped in all other medical malpractice cases.
Prelitigation Screening Panel
Many states require plaintiffs in medical malpractice lawsuits to file a report that establishes the defendant’s negligence before the case is brought to trial. In Maine, this is known as a prelitigation screening panel. Plaintiffs in Maine malpractice cases must submit their case to a special panel before it goes to court. This panel will review evidence and decide if the case is strong enough to continue to trial.
About Filing A Birth Injury Lawsuit
Filing a birth injury malpractice lawsuit is a complex process, which involves complicated state laws, the collection of detailed medical evidence, testimony from medical professionals, and negotiations and court battles with powerful insurance companies and their lawyers.
It’s important to be aware that recovering this financial compensation is not always easy, but it can be made much easier with the guidance of an experienced Maine birth injury lawyer.
Learn More About Your Options In A Free Consultation
Our Maine birth injury law firm is prepared to guide you through each aspect of this difficult process, so that your family can recover the compensation your child needs. This is the best way to ensure your family has all the resources necessary to provide your child with a comfortable and rewarding life.
We understand the financial difficulties you may be facing. That’s why we offer free consultations, where you can determine if you have grounds for a lawsuit at no risk. If we decide to move forward with your case, you owe us nothing unless we help you secure financial compensation.
If your child suffered a birth injury in Portland, Lewiston, Bangor, or anywhere else in Maine, give us a call today to begin planning for your family’s future.