Most medical malpractice claims allege that doctors or other medical professionals failed to anticipate, recognize, or react to critical birth or pregnancy conditions. If your child experienced factors that led to a serious birth injury, you may be entitled to compensation.
Welcoming a child into the world should be a joyous moment, not one filled with fear resulting from an injured baby. If your baby was harmed, birth injury attorneys in Mississippi can handle all communications and represent you in negotiations to ensure justice is served.
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A Birth Injury Lawyer Can Help You Prove Medical Negligence
In a medical malpractice case, the main focus of the lawsuit is generally on what the healthcare provider should have done in those circumstances. In order to prove medical negligence, there are a few things that need to be shown:
- A relationship between the doctor or nurse and the patient.
- An underlined duty of care was established in which they agreed to take medical responsibility for you and your baby.
- A standard of care based on the expertise of the medical professional and their motives
Your lawyer will document the link between your child’s type of birth injury and the healthcare worker’s negligent actions, as well as list what specific harm your baby and family have faced. By hiring a medical expert, the events leading up to the injury or diagnosis of a condition can be investigated.
A baby being delivered. If your child suffered, a birth injury lawyer in Mississippi can help.
Birth Injury Lawyer Near Me 1-800-222-9529
Steps a Birth Injury Attorney in Mississippi Will Take on Your Behalf
After hiring a birth injury lawyer to help you recover compensation from the liable party, they will immediately set out to investigate your case. In addition to proving who was at fault for the birth injury, the aim of the investigation will also be to recover any evidence supporting your injury claim.
Once your attorney has finished their investigation, they will review the losses you have suffered and determine which damages you are eligible to pursue. The next step will be to file the necessary paperwork with the appropriate party. Depending on the path you choose, this will either mean filing a claim with the at-fault party’s insurer or submitting a lawsuit to the court.
Your attorney will then take all of the steps involved in the process of an insurance claim or personal injury lawsuit. As they go through these steps, they will also be negotiating with the opposition, attempting to come to terms on a settlement deal.
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Mississippi Statute of Limitations for Birth Injuries
When you are investigating medical malpractice and trying to file your claim, make sure you are abiding by the time limits set by state law. In Mississippi, you cannot file a birth injury lawsuit later than two years after the alleged medical error was committed.
If you don’t file your claim before this deadline, your case can be dismissed, and you’ll likely be prohibited from recovering damages based on the claim. For this reason, it is best to contact a birth injury lawyer as soon as possible after you learn your baby suffered an injury at birth.
You may think you have enough time, but investigations, discovery, establishing liability, witness depositions, and case reviews by experts take a lot of time. Don’t hesitate to seek legal help for your baby and your entire family, as the liable parties must pay for their negligence.
Filing a Lawsuit Years After the Injury
If an infant suffered a birth injury, and their parents did not recover compensation during the window permitted by the statute of limitations, they will have another chance to pursue damages. The two-year clock will restart once you turn 18, allowing you to sue the liable party until your 20th birthday.
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Medical Malpractice Damages in Mississippi
A birth injury lawyer can show that your doctor was negligent and caused your baby’s injuries. Your family is entitled to full compensation for losses such as:
- Medical bills and costs that have been incurred so far and will occur in the future
- Expenses for special care assistants, training, home care assistance, etc.
- Lost income
- Lost earning ability if your child suffered a permanent injury that will likely affect their ability to join the workforce later in life
- The full value of your child’s pain and suffering and bodily and mental harm
Because the victim is a minor, a parent will file the birth injury lawsuit on behalf of their injured infant. For that reason, the damages recovered belong to the infant and are generally placed in a trust. Mississippi caps non-economic damages at $500,000, as per state Code §11-1-60.
Most Birth Injury Cases are Resolved Through a Settlement
When filing a lawsuit to recover damages after a birth injury, you should know that it is unlikely that your case will end up going to court. Medical malpractice cases are almost always resolved through settlements. This is because settling is usually the best option for all parties involved.
A settlement means that the birth injury victim will recover the money they need quickly so that they can cover the medical costs associated with the care of the infant. Settling also allows you to avoid the unpredictability of a trial.
On the side of the defendant, a settlement means paying less in legal fees while limiting the amount of unwanted press for hospital and medical staff.
Birth Injury Law Group Can Review Your Case for Free
The Mississippi birth injury lawyers at Birth Injury Lawyer Group have years of experience helping families get compensation from the medical professionals who inflicted emotional and financial pain on them. If your family is hurting because of a birth injury, contact our office to get started with a free case review.
While your family focuses on caring for a child and adjusting to any lifestyle changes the injury caused, our team will work for you on a contingency fee basis. This means we do not expect you to pay anything for our services unless you are awarded fair compensation.
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