Wichita, KS – There are various types of injuries that can result in lawsuits to receive compensation from the victims and their families. One devastating problem that can occur is when a newborn child or the mother is harmed during the procedure to deliver the baby. These types of problems are commonly referred to as birth injuries. When one of these injuries happens, the victims can bring a medical malpractice lawsuit that attempts to make the doctor or hospital system pay for losses caused by their negligence.
What are birth injuries?
Mothers who go into labor and are about to deliver their child require various forms of special treatment from doctors, nurses, and other healthcare workers. Generally speaking, any injury that happens from the time a mother enters the hospital to have a baby until the time the mother and newborn child leave can be classified as a birth injury. The time when the doctors are attempting to extract the baby from the mother is crucial, and some of the medications and tools that are used at this time have been known to be problematic and sources of problems. Some of these mistakes can result in long term problems and disabilities.
Medical malpractice lawsuits
A lawsuit related to a birth injury is essentially a medical malpractice lawsuit. These cases argue that the defendant doctor or hospital system violated their normal standard of care during the procedure in question, which resulted in injuries to the victim. Kansas has certain special rules that govern medical malpractice cases, as does every other state.
The victim has two years from the time of the injury, or when the injury could have reasonably been discovered to bring a case. This is the statute of limitations.
Medical malpractice cases in the state use a form of the comparative negligence doctrine that says a plaintiff who is more than fifty percent at fault cannot recover any damages at all. When the plaintiff does win their case, there is a damage cap of $250,000 for non-economic damages for emotional pain and suffering.
Hurdles to winning the case
Kansas is known as a state that is favorable to defendants in medical malpractice actions. There is often a review of the situation by medical professionals and an independent lawyer. The findings of this panel may have effects on the outcome of the lawsuit. Because of these strict requirements, it is crucial for anyone who has been harmed in a medical setting to contact an experienced attorney who routinely handles medical malpractice in the state.
Finding a local attorney to have a conversation about birth injuries
USAttorneys.com is a directory that is available to help families dealing with birth injuries and other medical malpractice issues. Victims in the Wichita area can contact a local lawyer who matches their needs.