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.
A Medical Professional’s Duty Of Care
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 Systems
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 focus their practice on 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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