When Can You Sue For A Birth Injury?
Medical malpractice lawsuits are available for birth injuries that are caused by medical negligence. Negligence is a legal term that means a failure to meet an accepted medical standard of care which all medical professionals are required to abide by.
In essence, if a nurse, doctor, obstetrician, or other healthcare professional caused your child’s birth injury because they failed to do their job responsibly, that healthcare professional could be considered medically negligent.
How To Prove Medical Negligence
You and your legal counsel must establish that your child’s birth injury only occurred because of medical negligence. This can be done through the presentation of medical records and testimony from qualified medical experts.
There are several forms of medical negligence which are common in birth malpractice lawsuits:
- Conducting a vaginal birth when a c-section could prevent complications
- Failure to properly monitor the pregnancy and account for potential complications
- Failure to identify and treat maternal health conditions, like high blood pressure or infections
- Errors involving assisted delivery tools like forceps and vacuum extractors
- Failure to identify and treat signs of fetal distress, such as oxygen deprivation or low body temperature
These are just a few of the most common examples. It’s normal to feel uncertain about whether your child’s injury was preventable or not. You’ll need to have your case reviewed by both an experienced lawyer and a qualified medical expert in order to establish negligence.
Wyoming Medical Malpractice Laws
Wyoming has several state laws on the books that regulate medical malpractice lawsuits. Below, you’ll find a brief summary of a few of the main medical malpractice laws in Wyoming. However, remember that it’s important to speak with a lawyer who has experience winning malpractice cases in your state if you’re considering a lawsuit.
What Is The Statute Of Limitations?
The statute of limitations is a state-level law that sets a time limit for filing a lawsuit. The standard deadline in Wyoming is two years from the date the injury occurred or when it reasonably should have been discovered.
However, the statute of limitations applies differently for birth injury claims, since they involve minors. It’s vital to make sure you file your claim within the statute of limitations, so we suggest discussing your legal options with an experienced lawyer as soon as you’re aware of your child’s injury.
Medical Review Panels
Before filing a medical malpractice lawsuit in Wyoming, you must file a claim with the Wyoming Medical Review Panel. There are exceptions, including if you and the healthcare provider have agreed to enter arbitration, or if you’ve both agreed to waive the Medical Review Panel process. These panels are complex and require detailed descriptions of the alleged negligence, the release of medical records, and signed statements from medical experts. Your lawyer can assist you with each step of this process.
Several states limit the amount of financial compensation you can recover for damages in a malpractice case. However, Wyoming has no cap on these damages. The Wyoming State Constitution forbids any law which limits “the amount of damages to be recovered for causing the injury or death of any person.”
Birth Injuries Common In Malpractice Lawsuits
We’re prepared to represent the families of children affected by all types of preventable birth injuries, including:
It’s easy to feel anxious about the future after your child’s been diagnosed with a serious birth injury. But you can still make sure your child is happy, as long as they have the right support system in place. Our Wyoming birth injury lawyers are proud to help families in your situation get the full financial compensation they’re entitled to.
Finding A Wyoming Birth Injury Lawyer
When you decide to take legal action following a birth injury, it’s important to speak with a lawyer who has experience representing families affected by birth injuries in your state. The laws regarding these injuries vary widely from state to state.
A reliable Wyoming birth injury lawyer can help guide you through each step of the litigation process and make sure you receive the maximum award your family is entitled to. Get in touch with us today to find out more about how you can recover the financial compensation your family needs after a birth injury.
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