Cherry Hill Birth Injury Malpractice LawyerRequest a Free Consultation
Cherry Hill birth injury malpractice cases can be tragic. The definition of a birth injury is something harmful that happens during the birthing process. Because this is such a fact-specific analysis, the exact definition is not provided under the law except that it is a case-by-case specific analysis. There are issues that arise, such as malpractice that was committed before the actual birth. Then, there will be arguments being made that it was a birth injury. The area of law is not certain and therefore, is another reason to consult with an experienced attorney.
Types of Birth Injuries
From injuries during the delivery process to the physical force used to effectuate the delivery, there are many types of injuries a newborn can sustain. These specifically are two issues with delay and the delivery, causing the deprivation of oxygen and the risk of brain injury to the newborn. Medications that are administered to the mother during the birthing process could also impact the health of the newborn. Cherry Hill birth injury malpractice is unfortunate, but a person may be able to receive compensation.
Parents have a right to their child’s medical record. They also have a right to consult with an experienced attorney. It is important to understand that most attorneys that do medical malpractice, do it on a contingency basis. This means they will not charge the family for having discussions with them or investigating the potential claims.
Role of Negligence in Cherry Hill Birth Injury Cases
Negligence instances involve the pregnancy and whether or not proper testing and monitoring was done during the delivery itself, whether or not proper technique was used, whether or not the appropriate medications were used, and whether or not the proper studies were done and proper steps were taken to deal with any birthing issues. These are all potential areas of medical negligence in Cherry Hill birth injury malpractice cases.
How Birth Injury Cases Are Unique
When birth injuries happen, the damages are usually catastrophic. A young child would most likely have a lifelong challenge in front of them dealing with these injuries. These can include:
- Medical expenses
- Special needs of the child
- Social issues with both the child and the family
The unfortunate likelihood of catastrophic damages is greater when the injury happens at birth.
Statute of Limitations
The statute of limitations for common Cherry Hill medical malpractice cases are generally two years from the date somebody knew or should have known that malpractice was committed and that is a fact-sensitive analysis as to when somebody should have known a doctor committed malpractice but the general standard is two years from within that timeframe. Importantly, there are exceptions to that general two-year period.
Different limitations apply to injuries to a minor. Generally, for malpractice to a minor, the statute of limitations does not begin to run until their 18th birthday, meaning they would have two years from their 18th birthday to bring a claim from a malpractice case that was committed to somebody when they were a minor.
For an injury that specifically involves birth injuries, the law is that a child must bring a malpractice case for a birth injury by their 13th birthday. Failure to file a complaint by their 13th birthday could result in their claims from ever being heard. It is of the utmost importance to bring a Cherry Hill birth injury malpractice case forward as soon as possible.
Role of Negligence on Mother’s Part
The mother’s failure to follow medical advice could impact their ability to prove that the doctor caused injury. Even if a person is able to prove that a doctor was negligent, a mother’s failure to follow the advice of the doctor could prevent that claim from moving forward. If there are any more questions regarding Cherry Hill birth injury malpractice cases, a person should refer to a distinguished attorney.
Advantages of Working With a Cherry Hill Birth Injury Medical Malpractice Attorney
An experienced Cherry Hill birth injury malpractice attorney could preserve whatever evidence needs to be preserved immediately and that may entail preserving imaging studies or testimony of witnesses or things of that nature. The second thing they would do is help investigate by gathering medical records and doing medical research and hiring the appropriate experts to really understand the medicine and whether or not a deviation of the standard of care of malpractice was committed.
Birth injury malpractice is a very complicated area of law and hiring a qualified attorney can provide you with the best protection with respect to your rights, and give you the best opportunity for being fairly compensated for any injuries that were caused. It is important that you retain a Cherry Hill birth injury malpractice lawyer with experience in medical malpractice that can pursue justice for you and your child. Work with an attorney familiar with birth injuries malpractice and know that you are in good hands. Contact our team today.