What Damages Can You Claim in a Birth Asphyxia Lawsuit?
You should never be made to bear the brunt of your health care providers’ medical malpractice in birth asphyxia cases. The best thing to do in such situations is to secure the services of a birth injury lawyer.
Your lawyer will hold the at-fault party accountable and also let you know what damages you can claim. Generally, they’ll include any of the following:
Medical Bills
Birth asphyxia treatments don’t come cheap. If you do not demand compensation, you might end up footing expensive bills in addition to the pain you’re already enduring. Fortunately, you can secure payment for medical bills if the medical team is responsible for the baby’s condition.
Lost Parent Wages
As the parent of a child with birth asphyxia, you might not be able to work during the period of the crisis. This means that you may lose your wages as you focus on your baby’s recovery. Fortunately, the law provides for the defendant’s insurance company to bear responsibility for this loss.
Legal Fees
Your birth asphyxia lawyer can also help you secure damages to cover legal expenses. This should cover the legal costs you’ve incurred during the distressing period up until the case is concluded.
Non-Economic Damages
These are payments for indirect losses you’ve suffered due to the accident. These damages may include pain and suffering, loss of quality of life, and mental anguish.
How We Can Help
Our birth asphyxia lawyers are more than eager to hear about your child’s situation and your concerns about medical malpractice. As soon as we speak with you and get your approval, we will swing into action to investigate the case.
The competent attorneys at Palmer Law Group will scrutinize hospital records and equipment to determine if there was any negligence involved and, if so, to what extent. We will find out if the medical personnel did all they were expected to do to protect your child from birth asphyxia.
If we discover fault with the medical personnel, we’ll act promptly to file a compensation claim with the appropriate insurance company. We are also ready to proceed to court if need be and find expert witnesses to strengthen your case.
Call us now to get our experienced birth asphyxia lawyers on your side.
FAQs
Based on interaction with our previous clients, we’ve selected and provided answers to some questions we believe could be on your mind:
How Long Do I Have To File A Birth Asphyxia Claim?
Based on the statute of limitations, you have two years from the time of the medical practitioners’ negligence to file a birth asphyxia compensation claim. Failure to meet this deadline will strip you of your rights to compensation, so it’s best to begin your claim process as early as possible.
How Much Compensation Can I Win?
While there’s no limit to the amount of compensation you can win in a birth asphyxia claim, Kansas places a $250,000 limit on how much you can obtain as non-economic damages. At Palmer Law Group, we always push for maximum compensation because we believe that no amount is too much to compensate for your ordeal.
What if I Am Partly At Fault for My Baby’s Birth Asphyxia?
You could still be eligible for compensation even if you have some fault in your baby’s birth injury. Kansas operates on the modified comparative negligence standard for medical malpractice. This means that you can win compensation if your percentage of fault is less than 50%.
Can I Pursue My Birth Asphyxia Claim Without a Lawyer?
Yes, it’s possible to handle your birth asphyxia compensation claim without seeking an attorney’s help. However, given the complexity of Kansas medical malpractice laws, we strongly advise against it. Pursuing your birth asphyxia claim alone is extremely challenging and will significantly reduce your chances of maximum compensation.
Let A Palmer Law Group Attorney Fight For You
If your child has suffered birth asphyxia by a medical team’s negligence, our attorneys at Palmer Law Group know how to ease your pain. We will take over the responsibility of making sure that the medical professionals and health facility foot your bills.
Our team of award-winning medical negligence attorneys has secured over $100 million in settlement sums for past clients. We will leverage our robust experience to ensure that you are part of this success story. Let’s begin your journey to compensation ASAP.
Contact us now to schedule a free case evaluation. We are experienced, dogged, and always available to listen to you.