The birth of a child should be a special occasion. The mother should feel completely safe for both her own health and that in regards to her baby. Unfortunately, this is not always the case. Birth Injury law come into effect in Washington, DC if either the mother or the baby face trauma resulting from complication that occurred during labor, delivery, or following the birth. This trauma can be minor, or it can cause permanent damage forever affecting the infant. If you or a loved one experienced birth trauma due to medical error, you may be eligible for compensation.
When confronting medical malpractice regarding birth injury, it is important that an individual investigate the birth injury laws of their area. We’ve assembled basic birth injury law information so that our clients feel safe approaching a medical malpractice suit. Our birth injury lawyers understand the safety of your family is likely your number one priority. That’s why our team is dedicated to keeping you informed throughout the entire length of your case.
How do I know if I can sue for medical malpractice?
The DC law states that a patient who was injured because of medical error or negligence can file suit. If the victim is unable to file suit, a family member may do so. When a patient dies due to medical error, the family of the patient is eligible to suit for wrongful death.
How do I know if my doctor is liable for medical malpractice?
All medical and healthcare professionals responsible for birth injury can be sued. In addition, the hospital or the professional’s employer can also be sued.
How long after the birth injury should I bring suit?
There are a few basic birth injury laws, but many of these have exceptions. Because our lawyers are quite experienced, they will sit down with the client to discuss possible options. For the most part, residents of Washington DC have about three years following the date of malpractice or three years following the date when the parent discovers damage caused due to medical malpractice.
If the patient died during childbirth, there is a one-year rule and a three-year rule. These claims will need to be discussed with the lawyer, as different damages fall under different rules. If the patient is a minor, as is often the case with birth injury law, the claims for the child can be processed up until the child’s 21st birthday.
There will be exceptions if the professional committing medical malpractice is part of a government agency.
In Maryland, the statue of limitations is about the same as those in DC. There are, however two exceptions. The one-year rule concerning death is not applicable in Maryland, and the discovery law is five years rather than three.
In all cases, regardless of location, individuals should sit down and discuss options with his or her lawyer. This is not a simple process, and there are often unforeseen exceptions. Our lawyers will work with the client to make the process as easy as possible, and find the appropriate laws that will dictate the outcome of the individual case.
What evidence is needed in order to prove a case?
Concerning DC birth injury law, there are often three pieces of evidence needed to prove medical malpractice.
- The defendant did not take necessary care during delivery and labor.
- The lack of this care caused the injuries being discussed.
- These injuries caused the plaintiff to suffer.
The best testimonies prove negligence and the cause for the damages. Our expert team of lawyers are prepared to discuss what care was needed, whether or not it was neglected, and how it affected the lives of the baby and mother.
Is it necessary to go to court?
DC and Maryland law requires that the plaintiff attend the deposition, any mediations, the pretrials, and the trial. Your lawyer will always be with you.
Read More: Birth Injury Laws Washington, DC | Birth Injury Washington, DC | Birth Injury Compensation Washington, DC | Erbs Palsy Birth Injury Lawyer