If your child has a birth injury, you may be eligible to pursue a Cincinnati birth injury claim so you can recover the losses incurred and get financial help that will help your child get the medical care and cover living expenses throughout his or her life. Most parents are worried about thing other than a lawsuit after a child’s difficult labor and delivery that impacted their child’s life. A birth injury lawsuit in Cincinnati might provide the relief that you need so you can properly care for your child in the years ahead. As soon as you address your baby’s emergency medical needs and learn to take care of your child’s special needs, you need to look toward the future needs as well. Cincinnati birth injuries can be expensive and challenging, so you should consult with a seasoned Cincinnati birth injury lawyer so you can make sure your child has the means for lifelong medical care and living expenses.
Why Consult with a Cincinnati Birth Injury Lawyer?
If medical malpractice contributed to your child’s birth injury, a birth injury lawyer can pursue the claim and get the answers that you need regarding your claim. Your
lawyer will help determine what exactly happened and how it could have been prevented. There are instances where birth injuries happen without any known reason. Birth injuries can also happen although the attending physician and nurses did their jobs properly. Sometimes birth injuries happen, however, because a Cincinnati health care provider made mistakes during the birthing of your baby.
If you choose to pursue a Cincinnati birth injury claim, your personal injury attorneys will work with the leading medical experts including neonatologists, neurologists, pulmonologists, nurses, life care planners, and more to make sure all your child’s needs are properly addressed. These experts will meet with you regularly and help you and your child. A life care plan will be developed so you can put it to use right away to take care of your child and his or her needs. Your child’s medical team can benefit from the life care plan in planning how to take care of your child’s medical needs. This plan can help your child into adolescence, his or her teen years, and even adulthood.
Why Pursue a Birth Injury Lawsuit within Cincinnati, Ohio?
A birth injury lawsuit can help relieve the stresses affiliated with caring for a special needs child. A successful birth injury claim can help you get a settlement that will help you provide for your child’s basic living needs and medical expenses, which can be very expensive. Because of the expenses affiliated with raising a special needs child, you might end up needing taxpayer assistance which is limited through Social Security and Medicaid. If your Cincinnati birth injury lawyer files a successful claim, you can get the financial help you need so you can make decisions regarding your child’s medical treatment and care and his or her educational opportunities. Other child development needs can also be provided for with a Cincinnati birth injury settlement.
Birth Injury Lawsuit Guidelines
There are at least two deadlines that apply to a birth injury claim in Ohio. These deadlines involve filing the lawsuit itself as well as the notice regarding the intent to file suit. You need to know your deadlines so you don’t miss your chance to file for damages. The specific deadline that applies to your claim can be challenging to determine, but a Cincinnati personal injury lawyer who specializes in birth injuries can help determine your specific deadline and how that timeline will impact your birth injury claim. If you don’t adhere to the deadlines or wait until it is too late to file your claim, you might not be able to pursue a successful birth injury claim in Cincinnati. Your lawyer will know if certain exceptions apply to your claim, and in some instances, adult children can file a claim to recover damages they suffered decades ago in a birth injury.
Notice Requirements for Birth Injuries
While it is not required by law, an affidavit of merit can be helpful when pursuing a Cincinnati birth injury claim. An affidavit of merit must be supported by an expert witness from the health care field. Not all Ohio medical malpractice claims are required to file this statement, but most birth injury lawyers opt to use this step during the claims process. The person used as your expert witness must be licensed to practice medicine in the United States and must spend at least three-fourths of his or her professional time practicing medicine in a clinical setting. The affidavit of merit should include statements that verify the expert has reviewed the entire available chart and has become familiar with this case. This means the expert is familiar with the case’s standard of care and that the medical provider’s breach of this standard contributed to the birth injury in question.
There is a one-year statute of limitations that applies to birth injuries and medical malpractice claims in Ohio. That one-year time limit starts from the time that the injury was discovered or when it should have been discovered by the injured party or family members. It could begin from the time when the relationship between the patient and doctor for the condition in question ends. All medical malpractice claims in Ohio must be filed within four years of the act of medical malpractice or birth injury. Your lawyer can serve the defendant with an affidavit of merit, which gives the health care provider of adequate notice that you intend to file a birth injury lawsuit. By using the filing of intent, your birth injury lawyer in Cincinnati has an additional 180 days or 6 months to prepare the case before a lawsuit is actually filed. That way the statute of limitations is paused for your Cincinnati birth injury claim. A child does have the legal rights to file his or her own birth injury claim for injuries that he or she suffered from medical malpractice as a minor after he or she reaches adulthood.
The Cincinnati Birth Injury Claim
There can be two parts to a birth injury claim. Each claim might have different statutes of limitation or requirements to be met. These regulations are dependent upon the current state laws in place. The parents’ claim is designed to seek damages that will cover the costs of the medical care the child needs up until age 18. It also covers pain and suffering incurred by the parents for witnessing the suffering their child endures. The child’s claim is the other claim that covers the medical expenses, care and living expenses for the child after age 18. It can include pain and suffering damages for the suffering encountered in adulthood.
Consult with a Cincinnati Birth Injury Attorney
If your child has been a victim of medical malpractice and suffered birth injuries, you should schedule a consultation with a Cincinnati birth injury lawyer. The Ohio Car Accident Lawyers team has decades of combined legal experience that includes taking care of medical malpractice and birth injury claims. We work on a contingency basis, so you have no upfront expenses. Schedule a free case evaluation with our team today.