Birth Injury Frequently Asked Questions:
- My child has a serious birth defect or injury. Can I sue the doctor?
- Is there a time limit on filing a lawsuit against a doctor?
- My child is only three months old. How can a three-year-old file a lawsuit?
- What if the hospital destroys my child's health records?
- How can I prove my case against the doctor?
My child has a serious birth defect or injury. Can I sue the doctor?
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 malpractice action and requires proof that the defendant was negligent in rendering professional services and that injuries occurred as a result.
Is there a time limit on filing a lawsuit against a doctor?
Yes. Like all civil lawsuits, this type of claim is subject to 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 limitations and other procedural obstacles your lawsuit may face.
My child is only three months old. How can a three-year-old file a lawsuit?
The answer is that a three-year-old cannot 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?
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?
Medical malpractice cases hinge largely on expert witness testimony. Your birth injury lawyer will have your case thoroughly evaluated by highly qualified medical experts. It is through their expert testimony that your birth injury attorney must prove the standard for medical care in your community, the breach of that standard by your doctor, and the damages that occurred as a result.