Common Causes Of Birth Injuries
There are several ways a birth injury can occur during or shortly after delivery. Sometimes unavoidable circumstances arise, but in many cases, a birth injury could have been prevented if a healthcare provider had followed the accepted practices of their field.
Some of the most common ways these injuries happen include:
- Complications during labor and delivery, such as a prolapsed umbilical cord.
- Difficult childbirths from heavy birth weight, which can be better handled with c-sections.
- Premature births
- Medical errors involving vacuum extractors, forceps, and other delivery tools
- Shoulder dystocia – when the child’s shoulder becomes stuck during delivery
- A medical professional using excessive force during a difficult delivery, causing nerve damage
It’s understandable if you’re not sure how your child’s injury occurred. In order to determine the cause, it’s best to get in touch with a Montana birth injury law firm who can have the medical evidence of your cased reviewed by a qualified medical expert.
Types Of Serious Birth Injuries
The seriousness of birth injuries varies – some are relatively minor and heal with a few days of treatment, while others cause permanently disabling cognitive and physical conditions.
Some common birth injuries include:
A birth injury malpractice lawsuit can help your family recover financial compensation for the direct economic costs of your child’s injury, as well as non-economic damages such as pain and suffering, loss of quality of life, etc.
Medical Malpractice Laws & Statutes In Montana
Every state in the country has their own laws that govern medical malpractice lawsuits. Families considering a lawsuit are often curious about how Montana malpractice laws may apply to their case.
It’s good to be aware of these laws, but it’s best to rely on the legal advice of an experienced Montana birth injury lawyer to fully understand how they apply to your family’s unique situation.
Time Limits For Filing A Malpractice Lawsuit In Montana
In each state, there is a law known as the statute of limitations – this sets a time limit for filing a lawsuit. Determining when this time limit begins and ends can be complicated for medical malpractice lawsuits, especially so for birth injury cases.
It’s extremely important to make sure your lawsuit is filed within this time limit, as failure to do so will prevent you from seeking financial compensation. In order to make sure you meet this deadline, it’s best to speak with a Montana birth injury lawyer soon after your child’s injury occurred.
Medical Legal Panels
Montana state law requires medical malpractice claims to be submitted to a group known as the Montana Medical Legal Panel before the lawsuit is filed in court. This panel usually consists of three healthcare providers and three lawyers.
The panel will review the details of your case and decide if there is “substantial evidence” that medical malpractice occurred, and that this malpractice directly caused your child’s birth injury.
This panel has the option to recommend a financial award for the victim, and also has the power to oversee and approve settlement agreements between the two parties.
Caps On Damages
Montana is one of many states that limits the amount of financial compensation you can recover in a medical malpractice lawsuit. This only applies to non-economic damages, such as pain and suffering – which are capped at $250,000. Economic damages, such as medical bills and lost wages, are uncapped and compensated based on their direct financial costs.
Filing A Birth Injury Malpractice Lawsuit
If your family is looking for answers and support following a serious birth injury, our Montana birth injury malpractice lawyers know how to help. We understand how to build a successful case, using medical evidence and the testimony of medical experts. We’re prepared to take on malpractice insurance companies and their lawyers so that your child gets the full support system he or she needs.
To find out more about your legal options, contact us today for a free consultation.
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