Birth injuries are serious in nature. If your child suffers from a birth injury in Toledo, you might be eligible to file a birth injury claim to recover damages. The financial compensation you receive from the settlement might be able to help your child get the medical care he or she needs throughout the rest of his or her life. It is easy to understand that for most parents, taking legal action is the farthest from their minds after a difficult delivery has left your child with special needs. A Toledo birth injury lawsuit, however, can help you get the financial resources you need to take care of your child in the years ahead. You will need to learn how to care for your child’s special needs and your baby’s emergency medical needs should be given utmost attention, but you will also have to take the time to plan for potential occurrences in the future. A birth injury lawsuit should be considered in those plans. Addressing the special needs of a child who suffers from birth injuries can be expensive, so you need the guidance of an experienced Toledo birth injury lawyer to help you pursue the compensation that will be needed to financially provide for your child in the years ahead.
Why Consult with a Toledo Birth Injury Lawyer?
If you wonder what caused your child’s birth injuries, a birth injury lawyer can dig deeper into the case and help you get peace of mind by uncovering the truth behind
what happened and if it could have been avoided. There are some unknown causes for birth injuries and there are some cases where even when medical providers do their jobs right birth injuries still happen. However, there are countless instances where they are the result of an Ohio doctor or Toledo health provider failing to do their job right or making mistakes throughout the birthing process.
When a Toledo birth injury claim is being pursued, your Toledo personal injury lawyer will work with some of the best medical professionals in the country. These medical professionals might include neonatologists, pediatric neurologists, life care planners, dietitians, nurses, and many others. These medical experts will meet with you and our child regularly to develop a care plan that will help you take care of your child and his or her needs. This plan can help with the transition into adolescence, teenage years and even adulthood. This life care plan will serve as a guide for your child’s medical team throughout the years.
Why Consider a Birth Injury Lawsuit within Toledo?
A settlement from a birth injury lawsuit can help relieve the stresses that are associated with raising and caring for a special needs child. Your settlement can help you with the financial costs associated with caring for your child, including medical care, educational opportunities, and child development needs. If you don’t get this extra help through a birth injury settlement, you could end up relying on limited government assistance offered through Medicaid and Social Security.
There is a variety of stress involved with caring for a child with birth injuries. Raising a special needs child is not easy and comes with a variety of challenges. A special needs child requires additional care and that results in added expenses. Without the extra help offered through a birth injury settlement, you could end up relying on the limited resources offered by taxpayer help through Medicaid and Social Security. A successful Toledo birth injury lawsuit will help you financially so you can make decisions regarding educational opportunities, medical care, and other needs your child may have.
Pursuing a Toledo Birth Injury Lawsuit
As far as birth injuries go, there are deadlines that must be met in order to file a successful Toledo birth injury claim. These deadlines involve filing the birth injury lawsuit so its statute of limitations and the filing of the notice of intent to sue. Knowing the exact deadlines regarding your birth injury claim can be a challenge, so you need to consult with a Toledo birth injury lawyer so you can get answers regarding your claim. If you wait until the statute of limitations has passed, you might have missed out and your claim may not be successful because it is too late. However, it is never too late to consult with a Toledo birth injury lawyer to see if your claim is still within the deadlines or if your claim has specific exemptions. There are even exceptions that enable adult children to pursue birth injury claims they suffered.
Requirements Regarding the Sending of Notices in Toledo, OH
Medical malpractice cases in Ohio such as birth injury claims might be supported with an affidavit of merit, which should have the support of an expert witness. While not all medical claims involve sending a notice or affidavit, many do. The expert witness supporting the affidavit must be licensed to practice medicine in any state and spend at least three-quarters of their professional time clinically practicing medicine. The affidavit should include statements to affirm that the expert witness has reviewed the available file and is familiar with the case. The expert must indicate they have familiarized himself or herself with the applicable standard of care suitable for this case and that the medical provider breached that care causing the birth injuries in question.
Medical malpractice claims in Ohio have a one-year statute of limitations. That one-year timeframe runs from when the injury was discovered or when it should have been discovered. It could also start when the patient-doctor relationship regarding this condition was ended. All medical malpractice claims in Ohio must be filed with four years, with some exceptions being permitted. An affidavit of merit puts the doctor on notice that a lawsuit is pending, and gives the birth injury lawyer 180 days to prepare the case before actually filing suit. The statute of limitations is somewhat paused for these 6 months. A child might be able to file his or her own Toledo birth injury claim for injuries caused by malpractice after he or she reaches adulthood. Check with your Toledo birth injury lawyer to learn more.
Birth Injury Claim in Toledo
A birth injury claim can include two separate claims. These claims might have different statutes of limitations and requirements to be met, which depend upon current state law. One claim is the parents’ claim which asks to recover damages that will cover the cost of medical care from birth to age 18. It can include pain and suffering for the parents who have to witness their child’s difficulties and suffering for all those years. The second part of the claim would be for the child to cover medical costs and other expenses the child will have in adulthood, including pain and suffering.
Consult with a Toledo Birth Injury Attorney
If your child has suffered from birth injuries that you believe resulted from medical malpractice, consult with a Toledo birth injury attorney. The Ohio Car Accident Lawyers has at least 19 decades of cumulative law experience to help you pursue your claim. We don’t get paid until you get a settlement. Call us for a free case evaluation with no obligations. We want to help you get the care your child needs to succeed throughout life.