Free Birth Injuries FAQs | Free Birth Injuries Legal FAQs

My child has a serious birth defect or injury. Can I sue the doctor?

Thu, 27 Jan 2011 21:59:43 GMT

Not necessarily. Although doctors are trained health care professionals and are held to a high standard of care in treating their patients, they are not in the business of guaranteeing results. Sometimes birth defects and/or birth injuries occur even though a thoroughly qualified physician, assisted by an able staff, has diligently and competently done everything possible to bring about a safe, normal delivery. A lawsuit based on birth defects or birth injuries is a form of medical malprac

What Causes Cerebral Palsy?

Mon, 04 Apr 2011 17:38:55 GMT

Most cases of damage to the brain among cerebral palsy children occurred before they were born - more specifically, during the first six months of pregnancy. Experts believe the brain damage happened because of three possible reasons:

1) Periventricular leukomalacia (PVL)
Some experts believe that lack of oxygen to the unborn baby's brain cells may be to blame. The causes of PVL are usually related to the mother's health - wh

Is there a time limit on filing a lawsuit against a doctor?

Thu, 03 Feb 2011 17:40:20 GMT

Yes. Like all civil lawsuits, this type of claim is subject to the statutes of limitations. Statute of limitations is a law that sets forth the time period during which a lawsuit can be filed. If the time period passes before the lawsuit is filed, whatever claim might have existed is forfeited. It is important, in cases like this, to contact a birth injury attorney as soon as you suspect there may be a problem. Your cerebral palsy lawyer can lead you safely through the statute of limitatio

My child is only three months old. How can someone so young file a lawsuit?

Sat, 30 Apr 2011 18:16:00 GMT

The answer is that a three-month-old cannot file a lawsuit on their own, but would require the child's "guardian ad litem" to file a lawsuit. Your birth defects lawyer knows how to prepare a petition to have the court appoint you as your child's "guardian ad litem." The lawsuit will be filed in your name, but only as the child's representative.

What if the hospital destroys my child's health records?

Thu, 27 Jan 2011 22:02:58 GMT

Generally a hospital will retain a child's health records for a set period of time. If you've waited too long to pursue the claim this could be a problem. One advantage in retaining a competent birth defects lawyer in the early stages of a lawsuit is that proper steps can be taken to make certain all evidence, including medical records, is preserved.

How can I prove my case against the doctor?

Thu, 03 Feb 2011 17:41:27 GMT

Medical malpractice cases hinge largely on expert witness testimony. An expert witness is someone who has been shown to be an expert in their particular field. Your birth injury lawyer will have your case thoroughly evaluated by highly qualified medical experts. It is through their expert testimony that you are able to prove whether the doctor's actions fell bellow standard for medical care in your community, that there was a breach of that standard by your doctor, and that

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