We put a lot of faith in doctors and other medical staff to take care of us and those we love. Unfortunately, things don’t always go the way we would like when it comes to medical procedures. While many of these cases involve elements beyond the control of medical staff, sometimes problems arise due to the negligence of doctors or nurses.
If you or your child suffered an umbilical cord injury during birth, you may be entitled to compensation. Find out how one of our Arizona umbilical cord injury attorneys can help you recover compensation. You can reach us by phone or through our online contact form to schedule a free, no-obligation consultation.
For a free legal consultation, call 1-800-222-9529
Proving Liability After an Umbilical Cord Injury
If you are seeking compensation for a birth injury, it is essential to establish liability. Proving liability can often be challenging. There are four elements that must be established in order to prove fault. The four elements of liability are:
- The existence of a duty of care
- That the defendant breached that duty
- That the plaintiff was injured
- The breach of the duty of care caused the injury
Duty of Care
The first thing you must show is that the defendant owed you a duty of care. If a doctor or nurse caused your umbilical cord injury, it is fairly easy to prove that a duty of care existed. Everyone has a duty of care to act reasonably that is unlikely to harm others. When the person in question is a member of a medical staff treating you, this duty is clear.
Breach of Duty
A breach of duty occurs when the defendant fails to fulfill their duty to act in a reasonable manner regarding the safety of the plaintiff. For a doctor, this means acting in a manner in which other doctors with equivalent training would act. An expert witness can help establish whether or not the actions of the defendant were consistent with medical standards.
An Injury Occurred
Proving that you or your child suffered an umbilical cord injury is usually pretty straightforward. A medical expert can perform an examination and determine whether the injuries are consistent with this type of birth injury.
Injury Was the Result of a Breach of Duty
Showing that your doctor or other medical staff breached their duty of care and that you suffered an injury is not enough to prove negligence. You must also be able to prove that your injuries resulted from that breach of duty. Your Arizona umbilical cord injury lawyer can help you prove the relationship between the two.
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Statute of Limitations for Filing a Lawsuit
The Arizona statute of limitations for filing a medical malpractice lawsuit is two years. Failure to submit the required paperwork on time can result in the loss of your right to recover compensation from the liable party.
However, exceptions to the statute of limitations exist that could alter the amount of time you have to file. For example, if you suffered a birth injury and your parents did not pursue compensation, you will have two years from your 18th birthday to pursue compensation.
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Damages You May Qualify to Pursue
With every birth injury case being unique, you will have to determine which type of damages apply to your case. Fortunately, an experienced attorney can help. All compensatory damages are split between economic and non-economic damages.
Economic damages are available to cover monetary losses resulting from your injury. Economic damages you may be able to claim include:
- The cost of medical treatment
- Future medical costs for continued treatment
- Funeral costs if your loved one died as a result of their injury
- Lost income if you missed work to care for your child
- Lost earning ability if you suffered a birth injury that limits your ability to work
Non-economic damages are available to cover all other losses that result from your umbilical cord injury. Non-economic damages you may be able to claim include:
- Pain and suffering
- Emotional distress
- Permanent disability
- Decreased quality of life
If a judge determines that the actions of the liable party constitute criminal negligence, you may also be able to pursue punitive damages. The same is true if the umbilical cord injury results from a deliberate act to cause harm.
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The Cost of Hiring an Umbilical Cord Injury Lawyer
Fortunately, money is not an obstacle when it comes to obtaining legal representation to pursue damages for a birth injury. Like all personal injury lawyers, our Arizona umbilical cord injury attorneys work on a contingency fee basis. That means their fee is based entirely upon the compensation they are able to recover on your behalf.
Should your lawyer fail to secure compensation on your behalf, they will not receive payment for their services. If your lawyer is able to get you paid, they will receive a fixed percentage of the money you recover. That means they have a strong incentive to get you as much money as possible since a larger payout for you means a bigger payday for them.
Contact an Arizona Umbilical Cord Injury Lawyer Today
When pursuing compensation for your damages, it is critical to find an attorney with a proven track record of handling cases similar to yours. The Birth Injury Lawyers Group has helped countless accident victims secure fair compensation for their medical malpractice cases. If you or your child suffered a birth injury, we can help get you the money you need and deserve.
Reach out to us today by giving us a call or completing our online contact form. A member of our team will review your case and advise you of your legal options. There is no obligation to retain our services after your free case review, so don’t hesitate to contact us today.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form