How to Prove Your Child Suffered a Birth Injury August 13, 2020.
It can be difficult to move forward after your child suffers a birth injury. One way to make the aftermath less painful is to obtain justice against the person who harmed your child. Filing a birth injury lawsuit is one way to do so.
Below, our Cleveland medical malpractice attorneys explain what needs to be proven in a birth injury lawsuit.
The Key Elements of a Birth Injury Lawsuit
You will need the assistance of a qualified medical malpractice attorney who has experience taking on large hospitals and insurance companies. These entities have near-limitless resources at their disposal, and having qualified legal representation is the only way you will recover the funds your child needs for treatment.
In a birth injury lawsuit, your attorney will need to prove that:
Your doctor had a duty of care to provide adequate medical treatment for you and your child during the birthing process.
Your doctor failed to uphold this duty of care by being inattentive or negligent during the birthing process. Examples of such actions include failing to monitor your child for signs of distress and/or failing to take appropriate actions to mitigate any medical emergencies.
Your child was injured.
Your child’s injury was directly caused by your doctor’s action or inaction.
It’s important to keep in mind that, as with many types of lawsuits, there is a time limit to file. This is known as the statute of limitations. In Ohio, plaintiffs have one year from the time of the child’s birth injury to file a lawsuit, in most cases. Infant wrongful death lawsuits must be filed within two years from the date of the child’s death.
If your child suffered a serious birth injury, our team is here to protect your rights. We’re passionate about helping those who have suffered at the hands of healthcare professionals who should have known better, and we want to do the same for you.
Contact The Mellino Law Firm LLC at (440) 333-3800 to schedule a free consultation.