No one imagines their birth story will include negligence, oversight, incompetence, or a failure to appreciate the gravity of a given situation. Unfortunately, sometimes that is precisely what happens. In these situations, an infant can get hurt, either temporarily or permanently. Sometimes, infants die due to the malpractice of the birthing team. When this happens, families naturally go through a grieving process. Even when the child survives, sometimes they are not able to reach their full potential.
If this has happened to you, the attorneys at Gilman & Bedigian want you to know you are not alone and you deserve compensation. Though compensation cannot change what has happened, it can help with the recovery process.
Common Birth Injuries
Common birth injuries can include the following:
The cause of these injuries can range from misusing instruments to failing to recognize signs of infant distress. It can be due to improper medical dosing of the mother to failing to properly sterilize instruments. Regardless of the means that effectuated the birth injury, all medical malpractice claims have some things in common.
It is the job of an attorney to determine whether the conduct (or lack of conduct) reaches the level of medical malpractice in the first instance. Later, a jury or judge will review the facts and make a separate determination at different stages of the proceedings.
Evaluating a Birth Injury Claim in North Dakota
There are a number of different people who may evaluate a birth injury. Some are concerned about their own liability. Others owe a fiduciary duty to the injured party and their family. They may, logically, come to different conclusions about the same evidence. Here's an overview of what filing a birth injury claim may entail in North Dakota.
Medical Professionals Who Participated
It is not uncommon for a doctor, medical professional, or hospital to deny their responsibility in a birth injury. They may blame a mother for waiting too long to go to the hospital. They may claim the injury couldn't be helped. As such, it is best to get a second or even a third opinion about what may have caused your child's birth injury.
When you hire a legal team, you involve not only attorneys experienced in birth injuries, you also gain the expertise of trusted medical experts who scour the records to determine if and when the medical professionals dropped the ball.
The Legal Standard of Review
Medical professionals and birthing teams have an obligation to exercise a recognized standard of care. When their conduct falls below the standard of care, and someone gets injured, they should be held responsible for the injuries they cause. This is called a medical malpractice claim.
Hiring a Birth Injury Lawyer Representing North Dakota
Once you hire a legal team, your situation is evaluated against the legal standard and a determination is made. If the attorneys and team members think you have a claim, they will proceed with additional legal steps, including:
- filing a complaint;
- sending discovery demands;
- deposing witnesses; and
- meeting with medical experts.
Once this groundwork has been laid, most cases resolve with a financial settlement. However, some cases must be tried, and when that is necessary, the attorneys at Gilman & Bedigian, LLC have the legal experience needed to do so.
Birth Injury Medical Malpractice Victory
Every birth injury story is unique in its own way. Most end with happiness, but some result in tragedies. The tragedies involve the end of a dream of a life of endless promise and possibilities due to someone else's carelessness, recklessness, or incompetence. This happening in 2010 to Rebecca Fielding and Enso Martinez who were expecting a little boy. Originally, they planned to labor and birth at home. However, the circumstances soon made it clear that their desired birth plan was not to be.
Rebecca and Enso went to the hospital for an emergency cesarean section. However, the medical staff at Johns Hopkins did not respect the clear signs of fetal distress. Instead of an emergency cesarean section, the Hospital waited for two hours before performing the procedures. Predictably, Rebecca and Enso's son continued to suffer fetal distress and loss of oxygen. Consequently their son suffered brain damage, cerebral palsy, and a host of other medical complications. All of this was due to the malpractice committed by the hospital.
Rebecca and Enso understood their son faced a lifetime of medical care, treatments, and therapies. They turned to the legal team at Gilman & Bedigian, LLC for representation. As with any medical malpractice case, the attorneys reviewed the evidence before filing a complaint. Once the complaint was filed and discovery began, it became evident that the case would not resolve.
The professionals at Johns Hopkins refused to take responsibility for their malpractice, but the lawyers at Gilman & Bedigian were not deterred. They took the case to trial and won the largest medical malpractice award in Baltimore for $55 million dollars. Nothing can change what happened to Rebecca and Enso's son. However, the jury verdict can ensure that their son gets the care he needs during his lifetime.
The Time to File a Claim is Limited in North Dakota
In every state, the time to file a claim against a doctor, hospital, or other medical personal is limited. In North Dakota, this limitation is generally two years from the date of injury under 28-01-18.
However, not all medical injuries are discovered or discoverable right away. As such, North Dakota law allows for up to six years to discover the injury and file a claim.
The timing of medical malpractice claims is referred to as the “statute of limitations.” As with many concepts in the law, the statute of limitations can be complicated. No parent should presume that the time has passed for them to file a claim. Only an attorney fully informed of the facts can make a legal determination about whether a claim can still be filed.
Contact a North Dakota Birth Injury Attorney Dedicated to Your Compensation
Contact Gilman & Bedigian online to get started on your case if you or a loved one has been hurt by a birth injury in California.