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 lead to a serious birth injury, you may be entitled to compensation.
Welcoming a child into the world should be a joyous moment, not one that is filled with fear and results in an injured baby. If your baby was harmed, birth injury attorneys in Mississippi can handle all communications and represent you in negotiations to see that 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 established:
- 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 their negligent actions as well as list what specific harm your baby and family have faced. By hiring a medical expert, the events leading up the injury or diagnosis of a condition can be investigated.
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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 frames set by state law. According to Mississippi Code §15-1-36, 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 within this deadline, your case can be dismissed, and you’ll 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 in seeking legal help for your baby and your entire family, as the liable parties must pay for their negligence.
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
- 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.
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Loss of Consortium Damages in Birth Injury Claims
Loss of consortium refers to damages awarded to a family member of a person who has been seriously injured. In your situation, if, because of the injury, a family member has been deprived of having the same relationship with the injured child that they would have otherwise had, you can be eligible for additional compensation for this loss.
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 justice for 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 out-of-pocket unless you are awarded fair compensation.