If a complication during the delivery of your baby resulted in a birth injury and hypoxic-ischemic encephalopathy, you might be able to hold the at-fault party financially responsible for their actions. To prove the financial impact of your child’s birth injury and subsequent diagnosis, our team may:
- Organize supporting evidence
- Conduct interviews and discovery sessions
- Prove the value of your lawsuit
- Negotiate for a favorable settlement
Get help from a Springfield hypoxic-ischemic encephalopathy lawyer from the Birth Injury Lawyers Group. When you are ready to identify the at-fault party and hold them financially responsible for their negligence, call (800) 222-9529 for your free case review with our birth injury team. The Birth Injury Lawyers Group works for a contingent fee, meaning we don’t charge attorney fees unless our clients win their case.
For a free legal consultation, call 1-800-222-9529
Proving that Negligence Led to Your Child’s Birth Injury
Before establishing the value of your lawsuit, you may be required to prove the at-fault party’s negligence and their identity. The elements of negligence that must be established include duty, breach, cause, and damages:
- Duty: your health care team is obligated to provide you with care that meets an acceptable medical standard.
- Breach: the at-fault party failed to provide you or your child or both with care that met the acceptable standard.
- Cause: the at-fault party’s negligence led to your child’s birth injury and current medical condition.
- Damages: you and your child have or will experience financial consequences related to your child’s birth injury.
The Birth Injury Lawyers Group might be able to help you prove these required elements. To do so, we may request a variety of documents and forms of evidence. Comply with these requests as soon as possible or let a member of our team know if you need assistance obtaining them.
Building a Comprehensive Evidence File
Your evidence file might contain a massive amount of paperwork and evidence. In addition to your child’s birth records, diagnostic reports, and prognosis reports, we may also request copies of:
- Your medical records
- Your child’s medical records
- Both sets of medical bills
- Deposition and discovery
- Medical expert testimony
- Parental financial records
You do not have to compile and organize these documents without assistance. Because medical records and bills might come from several departments and health care professionals, compiling them all together might be complicated. Our team can help request and organize these documents into an evidence file that supports your right to financial recovery from the at-fault party.
Springfield Hypoxic-Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
Birth Injuries Can Take a Financial Toll
The cost of labor and delivery might be significantly increased in the aftermath of a birth injury. In fact, a birth injury might lead to increased medical costs throughout your child’s life. Your son or daughter’s diagnosis of hypoxic-ischemic encephalopathy may require:
- Admission to the NICU (neonatal intensive care unit)
- Specialized monitoring and medications
- A wide range of diagnostic tests and procedures
- Surgeries, therapies, and rehabilitation
- Assistive medical and mobility devices
- In-home medical and domestic assistance
The at-fault party may be compelled to cover these costs. They might also be responsible for ongoing pain and emotional trauma for your child. Our team can evaluate your losses and assign a monetary value to your birth injury lawsuit.
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Medical Malpractice Lawsuits Have a Time Limit in Illinois
In Springfield, the amount of time you have to file your medical malpractice lawsuit is determined by 735 Illinois Compiled Statutes 5/13-212. When the victim of malpractice is below the age of 18, this statute typically gives them up to 8 years to file their lawsuit.
Accordingly, for a birth injury case, you may have until your child’s eighth birthday to sue. The Birth Injury Lawyers Group can help you figure out the specific deadlines in your case during your initial consultation call. In addition to ensuring the timely filing of your lawsuit, a lawyer from our firm can ensure compliance with all other legal requirements and regulations in your case.
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You Must File an Affidavit of Merit
In a medical malpractice lawsuit in Illinois, you are required to file an Affidavit of Merit, according to 735 Illinois Compiled Statutes 5/2-622. It must state that a knowledgeable medical expert agrees to the validity of your lawsuit and asserts the “reasonable and meritorious cause” of your lawsuit.
A Springfield hypoxic-ischemic encephalopathy lawyer from our firm can help you obtain this vital document and ensure it is filed on time. They may also identify and consult with the required medical expert for information on your child’s prognoses and future medical needs.
Fight for Your Family’s Future Today
A Springfield hypoxic-ischemic encephalopathy lawyer from the Birth Injury Lawyers Group can guide you through the process of exploring your financial recovery options. When you are ready to learn more about your legal options in a free case consultation with a member of our team, call the Birth Injury Lawyers Group at (800) 222-9529.
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