The last thing you expect during labor is to experience a difficult birth that injures you or your child. Childbirth complications happen, but when the reckless actions of your healthcare provider cause harm to you or your baby, the negligent medical professional should be required to cover the costs associated with the injuries.
If you or your newborn have experienced a traumatic birth that resulted in serious injuries, you have the right to obtain compensation for the devastation you’ve suffered. A Montana birth injury attorney can help you bring the liable party to justice.
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Damages You May Be Able to Get Compensation For
With any type of birth injury, the emotional and financial costs for a lifetime of special needs and medical care can be overwhelming. If your baby’s injuries were caused by the negligence of health care professionals, a Montana birth injury lawyer can help you recover any of the following damages:
- Medical expenses
- Costs of life support
- Disability costs from ongoing medical care, live-in nurse care, or home or vehicle modifications
- Wages lost from not being able to work
- Pain and suffering
- Loss of quality or enjoyment of life
- Physical impairment
- Mental anguish
In the state of Montana, there is a cap for non-economic damages in medical negligence cases and it’s set at $250,000, according to Montana Code §25-9-411.
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Who Can You Sue in a Birth Injury Lawsuit?
The most important aspect of medical malpractice lawsuits is that an individual’s careless actions directly led to a birth injury. Sometimes entities that can be sued in the medical malpractice claim include:
- Doctors (obstetrician, pediatrician)
- Physician’s assistants
- Nurse practitioners
- Pharmaceutical manufacturer
- Medical equipment manufacturers
The care provider must exercise a level of skill and care that a patient reasonably expects. A Montana birth injury lawyer will help you prove negligence by identifying a breach of this duty of care and you suffered damages because of it.
Montana Laws for Birth Injury Lawsuits
According to the statute of limitations for medical malpractice lawsuits, Montana Code §27-2-205, cases must be filed in the state’s civil court system within three years after the date of injury or within three years after you discovered, or should have discovered, the injury. If you attempt to file your claim after the five-year mark, your case will automatically be dismissed.
Before you can file a medical malpractice lawsuit in Montana, you must first file a claim with the Montana Medical Legal Panel. This prerequisite is Montana’s attempt to discourage the filing of frivolous cases in court that could damage the medical professional’s reputation.
The Montana Medical Legal Panel will discuss and approve a settlement agreement which will be binding to both you and the defendant. If the panel finds substantial evidence that either you or your baby was harmed by malpractice, and a lawsuit is filed in court, the court will order both parties to participate in mediation if it’s requested.
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Cost of a Montana Birth Injury Lawyer
Many Montana birth injury lawyers operate on a contingency-fee basis. This means your family can avoid paying hefty fees before the work on your case has even begun.
You will not have to pay anything unless your attorney helps secure you fair compensation. After winning an award or settlement, you can expect fees to cost approximately 33% of your total winnings.
Evidence in a Birth Injury Case
Your birth injury lawyer in Montana will help you gather all available evidence to prove your case and the defendant’s negligence. Evidence may include:
- Medical records
- Photographs of injuries
- Statements from eyewitnesses who were in the delivery room
- Prior complaints against the physician
- Testimony from medical experts
- Medical bills
- Receipts to prove damages
Connect With Birth Injury Lawyer Group
The Missouri birth injury attorneys at Birth Injury Group understand the emotional hardships a family must face to support their child’s special needs and the accompanying medical expenses.
While the harm your child has suffered cannot be undone, our Montana birth injury lawyers can help you obtain financial compensation to improve the quality of life for your child and your family. To get started, contact our office for a free consultation.