Birth Injury Lawyer Bloomington, IL
Birth Injury Lawyer Bloomington, IL
Frequently Asked Questions: Managing Birth Injury Cases
A birth injury lawyer Bloomington, IL families rely on for support during the most challenging times may be the best approach when considering legal action. When people plan to have a baby, chances are they didn’t foresee that their newborn would sustain injuries from the delivery room. Unfortunately, this can be a harsh reality, especially when doctors and medical personnel do not uphold the medical standard of care. Common injuries that may call require representation from Pioletti, Pioletti, & Nichols include:
- Spinal Cord Injury
- Brain Injury
- Erb’s Palsy
- Brachial Plexus Injury
- Bone Fractures
- Maternal Injuries
When a newborn is injured, families are left to face uncertainties that can be substantial. The devastation of these injuries may result in a lifetime of medical treatment and caregiver support. The following are the answers to common legal questions posed by prospective clients seeking legal action:
What are signs that I should suspect malpractice?
While signs of a birth injury may be evident at times, in some situations, signs may not be present until months down the road. The time after birth can be a whirlwind, but complications may be obvious as your baby may show signs of distress. You must seek diagnosis and treatment from a doctor you can trust. Additionally, if you are contacted by an insurance adjuster or attorney regarding the accident and are offered a settlement, seek guidance from a Bloomington, IL, birth injury lawyer immediately.
How will an expert witness strengthen the claim?
Medical malpractice cases can be complicated and often difficult to understand. Legal teams will usually seek an expert witness who practices in the same field in these situations. An expert witness plays a critical role as they will review the case and decipher the medical records to determine a breach of the medical standard of care is present. In addition, they can also provide critical testimony should your case go to litigation.
What is the statute of limitations in Illinois?
The statute of limitations is the amount of time someone has to file a claim. For typical medical malpractice cases, the statute of limitations is two years. However, the statute of limitations is eight years for birth injury malpractice cases. A longer statute of limitations for these cases is warranted because often injuries may not be apparent until the child is older, especially when determining the full extent of the damage. Despite the extended timeframes, it may be beneficial to start the process early on to prevent the loss of crucial evidence.
How long will it take to resolve the case?
The length of time it takes to resolve birth injury cases can vary. At times, victims may negotiate a settlement with the defendant in a matter of months. However, it can take years before a resolution is reached should the case go to trial.
Will the claim include a request for compensation for future medical care and assistance?
Unfortunately, the impacts of a birth injury case can have lasting consequences as the child may require ongoing treatments and medical care. While current medical expenses may be obvious, it will take the guidance of a lawyer to calculate future medical costs to ensure that all future needs are accounted for.
Is a lawyer necessary for birth injury cases?
Yes- birth injury cases are complicated, and doctors and hospitals will undoubtedly have a team of lawyers representing them. Having your own representation can ensure that your rights are protected throughout the process.
Pioletti, Pioletti, & Nichols has the experience you are looking for when you need it the most. Start today by scheduling a consultation with our birth injury lawyer in Bloomington, IL.