When your infant suffers broken bones or other injuries, it can be traumatic for both you and them. As a society, we put a lot of faith in doctors and other medical professionals to provide us and our families with care. When these parties are negligent in their duties and this negligence results in harm to the patient, they should be held responsible for their actions.
If you or your child suffered from broken bones as an infant due to medical malpractice, you may be entitled to compensation from the liable party. Talk to an infant broken bones attorney in Chandler today to learn more about your options for recovering compensation. Get a free consultation from a member of our legal team by giving us a call or filling out our contact form.
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The Four Elements Used to Establish Liability for Broken Bones in an Infant
When seeking compensation for infant broken bones, it is critical that you first determine who is to blame. Proving liability in these cases can be challenging. In order to establish fault, there are four elements that must be proven. These elements are:
- That a duty of care existed
- That the defendant breached their duty of care
- That the plaintiff suffered damages
- That the damages were directly caused by the breach of the duty of care
Duty of Care
The first step in proving fault is establishing that the defendant was in a position where they owed the injured party a duty of care. In cases involving doctors, nurses, or other medical professionals, establishing that a duty of care existed is often pretty straightforward. If the defendant treated the infant in any manner, then a duty of care existed.
Breach of the Duty of Care
Once you have established that a duty of care existed, you need to prove that the defendant breached that duty of care. A breach occurs when a party owing a duty of care to another fails to act as a reasonable party would in their situation to ensure the safety of the patient.
For medical personnel, this means acting in a manner that the average person in the medical field with equivalent training would act. An expert witness can help testify to whether or not the defendant met the medical standards they should have.
Damages Were Incurred
This step is as simple as it sounds. You must prove that you or your child suffered broken bones as an infant. A doctor not involved in the initial event can perform an examination to prove that the injury occurred.
The Damages Resulted from the Breach of the Duty of Care
Proving that the defendant breached their duty of care is not enough to prove negligence. You must also be able to establish the breach of their duty as the cause of the injury. An infant broken bones lawyer in Chandler can help link the cause and effect so that you can recover the compensation you deserve.
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Time Limit for Filing an Infant Broken Bones Lawsuit
According to the Arizona statute of limitations, injury victims generally have two years to file a medical malpractice lawsuit. If you don’t get the required paperwork submitted on time, you will likely find yourself out of options for recovering compensation.
However, there are exceptions to this statute of limitations. For example, if you suffered broken bones as an infant and your parents did not take legal action at the time, you can file a lawsuit against the liable party yourself, with the two-year clock starting on your 18th birthday.
Alternatively, there are also exceptions that can diminish the amount of time you have to submit a lawsuit. Hiring a Chandler infant broken bones attorney shortly after your accident is the best way to protect your right to recover compensation.
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Damages You Are Eligible to Claim
When attempting to recover the full value of your infant broken bones injury, it is essential to identify all the damages you are eligible to pursue. All compensatory damages you can claim are divided between economic and non-economic damages.
Economic Damages
These damages include any losses you sustained that hurt you financially. Common economic damages available in an infant broken bones case include:
- Medical expenses
- Future medical costs for continued treatment
- Funeral costs if your child died from their injuries
- Lost income if you were forced to miss work to care for your child
- Lost earning ability if the broken bone injuries were severe enough to limit your child’s ability to earn income in the future
Non-Economic Damages
These damages include any losses you incurred that do not fall into the category of economic damages. Common non-economic damages available in an infant broken bones case include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent disability
- Scarring and disfigurement
- Decreased quality of life
In cases where a judge determines that the at-fault party acted in a criminally negligent manner or with the intention of causing harm, you may also be eligible to collect punitive damages.
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Reach Out to an Infant Broken Bones Attorney in Chandler, AZ, Today
When attempting to recover compensation from the liable party, you must choose an attorney with a proven track record of winning big in cases similar to yours. At the Birth Injury Lawyers Group, we have helped countless injury victims recover the compensation they need through medical malpractice lawsuits.
Contact us today by giving us a call or filling out our online contact form. We offer free, no-obligation consultations, so don’t hesitate to get started. We will review your case, answer your questions, and go over your options for pursuing damages.
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