Parents of birth injury victims often struggle with many difficult questions. They may wonder how their child’s life will be affected by the injury, how they can give them the support they need, and how the injury could have been prevented. If you’re in this situation, we understand the difficulties your family is facing. We’re prepared to help you find answers through a birth injury malpractice lawsuit.

  • Birth injury lawyers with 40+ years experience.
  • Specialists in Mississippi birth injury law.
  • We’ve helped families we represent recover millions.

We can help you better understand your family’s legal options in a free consultation.

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Our experienced Mississippi birth injury lawyers understand how a birth injury can cause both financial and personal setbacks for entire families. That’s why we’re proud to help these families get their children the support they need.

— Laurence Banville, Esq.
"Thank you." We weren't sure how to handle our son's injury, but they knew how to help.
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baby's foot in cast

While birth injury and infant mortality rates may have declined over the past century, these problems still affect American families every day. Mississippi has some of the highest rates of birth-related complications, ranking #1 for premature births and #2 in infant mortality rate. Sometimes, birth injuries and complications happen because of unavoidable circumstances. But in many cases, they’re caused by the negligence of a medical professional.

It’s important for the parents of children with birth injuries to do all that they can to provide the support their children need. It’s also important to ask how a birth injury could have been prevented, and to hold negligent medical professionals responsible for their carelessness. A birth injury malpractice lawsuit can do both for you.

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Birth Injuries Caused By Medical Negligence

Sometimes, birth injuries occur because of unavoidable situations, like freak accidents or genetic conditions. But in many cases, a birth injury only occurs because of some form of medical negligence by a nurse, doctor, obstetrician, or other trusted healthcare professional.

All healthcare professionals owe a duty to their patients – to follow the accepted practices of their field and to ensure that their patients are treated as safely and effectively as possible. Sometimes, these professionals make mistakes that result in serious injuries. In these situations, the victim (or their parents, in minor injuries) may have grounds for a medical malpractice lawsuit.

There are several medical errors that are common in Mississippi birth injury malpractice lawsuits:

  • Failing to order a necessary c-section or ordering one too late
  • Prescribing a medication for the mother, with harmful side effects for the child
  • Complications caused by misuse of forceps, vacuum extractors, and other delivery tools
  • Failure to identify treatable health conditions in the mother or child

Following a birth injury, you’ll likely have many questions about how it occurred, but likely few answers. Determining how a birth injury happened can take time, and requires a careful review of medical evidence by a qualified medical expert.

The Costs Of Birth Injury Support Systemsnewborn gripping finger

While some birth injuries may heal after a short amount of treatment, many others result in lifelong health conditions and disabilities. Children growing up with the more severe birth injuries require extensive support systems, which may allow them to improve their conditions, adapt to their environments, and enjoy fulfilling lives.

Some common expenses for children with birth injuries include:

  • Long-term medical care (doctor’s appointments, surgeries, medication, etc.)
  • Occupational, vocational, physical, speech, and other therapies
  • Handicapped-accessible vehicles and home renovations
  • Adaptive devices (wheelchairs, braces, prosthetics, etc.)
  • Hired daily care-takers

Unfortunately, most families don’t have the extra income to provide this support on their own. When a healthcare professional is responsible for a birth injury, it’s important for these families to seek the financial support their child needs through a medical malpractice lawsuit.

Medical Malpractice Laws In Mississippi

If your family has been discussing the idea of filing a birth injury malpractice lawsuit, you may be curious what laws apply to your case. Like all other states, Mississippi has their own state laws regarding malpractice claims. It’s good to be aware of these laws, but only an experienced Mississippi birth injury malpractice lawyer can help you understand how they may apply to your unique case.

Statute Of Limitations

The statute of limitations is a law that imposes a time limit for filing a medical malpractice lawsuit. The date your time limit begins will vary depending on the circumstances of your case, and determining this date is especially difficult for birth injury claims. This is why it’s important to speak with a lawyer as soon as you’re aware that your child has suffered a birth injury. If you miss this deadline, you will lose your right to file a malpractice claim.

Caps On Financial Compensation

Mississippi is one of many states to limit the amount of financial compensation you can receive in a malpractice lawsuit. Non-economic damages are limited to $500,000, while economic damages will be based on the direct financial costs of your injury. In order to determine how much your case may be worth, you’ll need to speak with an experienced Mississippi birth injury lawyer.

Legal Counsel For Birth Injury Lawsuits

Building a strong medical malpractice case requires a thorough understanding of state malpractice laws, detailed medical evidence, testimony from expert witnesses, and the courtroom skills to counter the defense’s arguments. In any birth injury malpractice case, it’s necessary to leave these complexities up to experienced professionals.

Our local Mississippi birth injury malpractice lawyers specialize in these claims. We’ve seen firsthand the difficulties families face after a birth injury. We’ve also helped these families recover the financial support they needed to allow their child to live a fulfilling life. If you’d like to find out more about your family’s legal options, contact us today for a free consultation.

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