Complications during childbirth are unfortunately common. Obstetricians and delivery room staff must take all necessary precautions to avoid birth complications and take appropriate measures when a difficult birth occurs. Negligence on the part of medical professionals can lead to a birth injury, which can harm the child or mother.
If you believe your baby may have been injured due to a medical mistake, a North Dakota birth injury attorney can help you take legal action and determine whether or not you have grounds for a solid claim against your baby’s medical providers.
For a free legal consultation, call 1-800-222-9529
Laws for North Dakota Birth Injury Claims
Hiring legal representation for a medical malpractice claim means you’re informed of all relevant state laws, as well as any adjustments that may be made according to the circumstances of your case.
Statute of Limitations
The statute of limitations is a state mandated deadline for how long you have to file a claim. According to North Dakota Code §28-01-18, a medical malpractice lawsuit must be filed within two years of the date of discovery of the injury, but not more than six years from the date the injury occurred. If you do not file by this deadline, you could lose your right to compensation.
Expert Affidavit Requirement
According to North Dakota Code §28-01-46, an expert opinion is required in order to take action based upon alleged medical negligence. Within three months of filing your lawsuit, you and your attorney must file an affidavit in which a qualified medical expert will attest to a preliminary finding of negligence. The affidavit you file will:
- Identify the medical expert
- Summarize the basis for the expert’s opinion
- Declare that, while treating the plaintiff, the health care provider did not provide a medical standard of care
- Declare that this provision of sub-standard care contributed to the plaintiff’s injuries
Caps of Damages
There is a $500,000 cap on non-economic damages in North Dakota birth injury cases. These damages are subjective and consist of your family’s pain and suffering, emotional distress, and loss of enjoyment of life that was a direct result of the medical negligence.
As for economic damages in North Dakota, including past and future medical bills, lost income, out-of-pocket expenses, and other financial harm, there is no statutory limit. However, any of these damages over $250,000 can be challenged by the defendant and reviewed by the court.
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What if You Were to Submit a Complaint to the Hospital Instead?
If instead of filing a medical malpractice claim, you send in a letter to the hospital about your concerns related to the birth injury, you may not receive the response you were hoping for. Some medical facilities try to eliminate evidence to avoid having to pay financial compensation to the family. Hospitals are also not obligated to respond to unofficial complaints.
By simply stating your grievances, you may miss out on compensation for your damages and the hospital may not take any action to hold the individuals responsible. A North Dakota birth injury lawyer can provide you guidance before deciding on how you would like to take action.
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Full and Fair Compensation
Depending upon the severity of the birth injury, your baby’s medical needs may need to be taken care of for the rest of their life. No amount of money can make up the pain and suffering your family has gone through as a result of this injury.
Whatever you recover from a birth injury claim can provide your family with the means to provide for your child. And you know that the medical team was held accountable for their malpractice. Presumably, other families won’t suffer the same fate because the result of your case helped.
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What a North Dakota Lawyer Will Need to Prove
In order to make a successful medical negligence or malpractice claim, your birth injury lawyer in North Dakota will need to prove:
- An official doctor/patient relationship existed between you and the medical professional
- As a result of that relationship, you were owed a duty of care
- The medical profesional’s actions (or lack thereof) deviated from the acceptable standard of care
- This breach of care was the direct cause of your injuries
- You experienced damages as a result of this negligence
Once all these have been proven, then your attorney can help you make a claim for damages. There is a possibility you can settle your case without going to trial. However, many insurance companies will offer an unfair settlement amount. Your North Dakota birth injury can then help you take the case to trial.
Contact a North Dakota Birth Injury Lawyer
If your child has suffered a traumatic birth injury, the team at Birth Injury Lawyer Group can offer you compassionate and aggressive legal representation. We can help you and your family recover the money you need to provide for your child both now and in the future.
If you have questions or concerns or simply wish to speak with one of our dedicated North Dakota birth injury lawyers, we offer a free initial case evaluation and provide our services on a contingency-fee basis. You are not obligated to pay for any legal services unless your case is won.
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