The main objective of your medical malpractice case is to ensure accountability for the defendant and compensation for your family’s losses. Like most other types of personal injury cases, a medical malpractice claim can yield compensation for all economic damages the plaintiff suffered because of the malpractice they experienced. They also have the right to claim compensation for their pain and suffering, but state law limits how much they can receive.
Economic damages you can recover from a birth injury case are likely to include medical expenses and lost income. If the injury requires corrective medical care, the defendant is liable for all such medical expenses the victim’s family incurs due to their actions. A birth injury has the potential to leave the victim permanently disabled, and an injured child may require constant in-home care from one of their parents. If a parent is forced to quit their job to provide this care, the defendant would also be liable for their lost income.
California law limits pain and suffering compensation in medical malpractice cases, but a recently enacted law has raised the limit. Additionally, the cap will continue to increase each year to adjust for inflation. While you may be limited in how much pain and suffering compensation your family can win from your case, a good San Bernardino birth injury attorney will know how to maximize this aspect of your case award.
Other variables could also come into play and affect your final case award. For example, if the defendant broke the law in causing the birth injury, they could face punitive damages along with other penalties, such as loss of their medical license. When you choose Easton & Easton to represent your birth injury case in San Bernardino, we can immediately start by gathering all the evidence and testimony you may need to firmly establish liability for the birth injury. We can then help identify every avenue of compensation to enhance your case award as much as state law allows. We know that any birth injury can be life-changing for the victim and their family, and we want to help you approach your difficult case with confidence that your recovery is in capable hands.
Q: What Is the Statute of Limitations for a Birth Injury Claim?
A: The statute of limitations is the time limit within which you must file a claim after an injury occurs. State law upholds different statutes of limitations for different types of cases, and a birth injury claim is a type of medical malpractice claim. State law enforces a three-year statute of limitations for medical malpractice cases or a one-year time limit after the date a victim discovers the harm done by medical malpractice. It’s vital to file your birth injury claim as soon as possible to ensure you meet the applicable statute of limitations.
Q: What Do I Need to Do to Prove Medical Malpractice in San Bernardino?
A: Success with a medical malpractice case generally requires expert witness testimony from a medical professional with the same board certifications as the defendant. For example, if you are filing a suit against an obstetrician, you would need to find a similarly credentialed obstetrician to testify as to how the defendant breached your standard of care in the situation. Your San Bernardino birth injury attorney can help gather the evidence you will need to establish liability for the incident.
Q: What Are the Most Common Birth Injuries?
A: A birth injury case can pertain to any type of harm to the baby and/or mother in childbirth. One of the most common conditions to arise from birth injuries throughout the United States is cerebral palsy, a condition that will affect the child for the rest of their life in various ways. Any type of brain injury before, during, or immediately after childbirth has the potential to cause this condition, and every child who develops cerebral palsy will have a unique experience with the condition. Other common birth injuries include traumatic injuries from surgical tools and injuries from excessive force used when extracting a baby from the birth canal.
Q: How Much Is My Birth Injury Claim Worth in San Bernardino?
A: A plaintiff in a medical malpractice claim has the right to seek full compensation for all economic losses they suffered because of the defendant’s actions. These may include medical expenses for all corrective and rehabilitative treatment they need due to the injury and lost income if the incident causes the victim or family members to miss work or compels them to leave their jobs to care for the victim. State law also allows a plaintiff to seek pain and suffering compensation, but there is a maximum amount of this type of compensation they can receive even if they sustained permanent damage.
Q: What Will It Cost to Hire a San Bernardino Birth Injury Attorney?
A: It’s understandable to be worried about how much it could cost you to hire an attorney for your birth injury case, and many people in this situation assume legal representation to be prohibitively expensive. However, the team at Easton & Easton can provide the comprehensive legal counsel you need without exorbitant legal fees. We take personal injury cases on contingency, meaning you will only pay our firm a fee if and when we win your case, and your fee is a percentage of the total recovered from the defendant. You will owe nothing if our team is unable to secure compensation for you.
The right attorney can help you approach the difficult legal proceedings ahead of you with peace of mind. Easton & Easton knows you probably have many pressing legal questions and important concerns about your situation, and our goal is to help your family recover as fully as possible. Contact our team today to make an appointment for a consultation with a San Bernardino birth injury attorney you can trust with your case.