Common Forms Of Medical Negligence In Birth Injury Cases
Even when medical professionals do their jobs well, some birth injuries may occur due to unavoidable complications. But many others only occur because a doctor, obstetrician, nurse, or other healthcare provider failed to follow their industry’s accepted standard of care. This is a concept known as medical negligence.
Your healthcare provider may be considered medically negligent if another similarly qualified professional could have prevented your child’s birth injury by handling the situation differently.
Some common examples of medical negligence we see in birth injury cases include:
- Premature deliveries
- Opting for a vaginal birth when a c-section could prevent injury
- Failure to identify and/or treat a maternal health condition, such as preeclampsia
- Delayed birth
- Mistakes while using vacuum extractors, forceps, and other delivery tools
- Failure to notice fetal health problems, such as irregular heartbeat
Remember that the cause of your child’s birth injury may not be immediately clear. In most cases, you’ll need to have your case and medical evidence evaluated by both an experienced Nebraska birth injury lawyer and a qualified medical expert.
Types Of Birth Injuries
Medical negligence can lead to isolated injuries, such as bruising and broken bones. But it can also cause much more serious conditions, like cerebral palsy and brachial plexus nerve damage injuries.
Some of the more severe birth injuries that often require financial support include:
Nebraska Medical Malpractice Laws
In the U.S., each state has their own medical malpractice laws. You may be wondering how Nebraska malpractice laws may apply to your family’s case. It’s good to be aware of these laws, but you should consider asking a lawyer how they may apply to your unique situation.
Malpractice Statute Of Limitations In Nebraska
Every state has their own statute of limitations, which sets a time limit for filing a lawsuit. This law applies differently depending on the unique characteristics of your case. Determining when the time limit begins and ends is a complicated process, especially for birth injury cases.
Failing to file a claim within this deadline will prevent you from seeking financial support for your child’s birth injury. This is why it’s extremely important to take legal action as soon as you’re aware of a birth injury.
Limits On Financial Compensation
Like many other states, Nebraska limits the amount financial compensation you can recover in a successful medical malpractice lawsuit. This maximum limit varies depending on the date the alleged medical malpractice occurred. You can learn more about how much your case may be worth by discussing it with an experienced Nebraska birth injury lawyer.
Medical Review Panels
In Nebraska, you’re required to submit your case to a medical review panel before filing it in court. This panel will review the evidence for your case and determine if your healthcare provider failed to properly follow the accepted standard of care for their field.
How Birth Injury Lawyers Help Victims
Our experienced Nebraska birth injury lawyers help guide families through the complicated process of filing a medical malpractice lawsuit. We specialize in local cases, and understand how to meet the requirements of all applicable state laws. We also help our clients by gathering medical evidence, hiring expert medical witnesses, and negotiating with insurance companies.
If you’re feeling lost after your child’s birth injury, we want to help. To find out more about how you can plan for your family’s future, contact us today for a free consultation.