Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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Personal Injury Terminology That You Should Know

 

 

When you or a loved one suffers an injury due to someone else’s negligence, understanding the personal injury claims process is vital. Although the best accident attorneys will guide you through your claim from start to finish, knowing basic legal terminology can be helpful.

Plaintiff – The plaintiff is the party who brings a civil lawsuit against an individual or entity in a personal injury claim. The injured victim is typically the plaintiff in a personal injury case.

Defendant – The defendant is the at-fault party or entity that the plaintiff is suing. In some personal injury cases, there may be more than one defendant.

Tort –Personal injury and wrongful death claims are based on tort law. A tort is a negligent or wrongful act that causes harm to another person. An intentional tort typically involves a deliberate act that causes injury, such as assault.

Duty of care – In certain situations, a person or entity has an obligation to protect themselves and others from harm. For example, a supermarket has a duty of care to keep the entrance free of ice, snow, debris, and other hazards that could cause someone to trip, slip or fall. In medical malpractice cases, the duty of care is often known as the standard of care, which means a medical professional’s conduct is compared to the accepted standard for their specialty or industry.

Negligence – Negligence is a vital element of most personal injury claims, negligence and occurs when a party or entity fails to take proper care. To successfully recover compensation in a personal injury lawsuit, you must prove negligence, which can be challenging. Experienced accident injury lawyers know how to prove all four elements of negligence:

- That the defendant owed a duty of care to the plaintiff;

- That the defendant failed to meet that duty;

- That the defendant’s failure caused harm to the plaintiff; and

- That the plaintiff suffered injury, damages, or losses as a result.

Damages – There are two basic types of damages in personal injury cases. Damages are meant to “make the plaintiff whole,” or return them to the state they were in before an accident or injury. Economic damages are quantifiable and include medical bills, wage loss, property damage, and other accident-related expenses. It is more difficult to put a dollar amount on non-economic damages like pain and suffering, loss of enjoyment of life and emotional distress.

In rare cases, a court may award punitive damages, which are not meant to make a plaintiff whole, but to punish the defendant for particularly outrageous or egregious conduct and deter them and others from committing similar acts.

Statute of limitations – Each state places a time limit on how long a plaintiff has to file a personal injury claim or lawsuit. Although they vary from state to state, typically statutes of limitations for personal injury claims range from two to four years from the date of the injury.

This is by no means a comprehensive list of terms that are useful to know when filing a personal injury claim. To learn more about personal injury terminology, contact an injury lawyer.

This blog was originally posted on https://www.pa4law.com/personal-injury-terminology-that-you-should-know/

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Punitive Damages: What are They and When are They Awarded?

 

Typically, damages such as lost wages, medical bills, and pain and suffering are awarded in a successful personal injury claim or lawsuit. However, when a negligent party’s acts are particularly egregious orreckless, or intentional harm is caused, a plaintiff may be entitled to punitive damages as well. Punitive damages are not awarded often, so if you are thinking of pursuing them, it is vital to speak with a personal injury attorney who can help you understand the law and whether they may apply in your case.

What Are Punitive Damages?

Unlike compensatory damages that are intended to make a plaintiff whole and put them back in the position they were in before an injury or loss, punitive damages are designed to punish the defendant and deter others from acting in a similar fashion in the future.

When Are Punitive Damages Awarded?

In Pennsylvania, punitive damages may be awarded when someone has engaged in willful malicious conduct, or when his/her behavior is so careless that it displays a wanton disregard for the safety of others.

For example, if you are involved in a car accident that was caused by someone who was not driving recklessly or being intentionally aggressive, you may be entitled to compensatory damages for your injuries and losses, but you would not be able to sue for punitive damages. However, if another motorist caused an accident while speeding excessively, driving drunk, or texting and driving, he/she may be liable for punitive damages in addition to compensatory damages.

Other common types of claims that sometimes involve punitive damages include:

- Assault claims

- Medical malpractice cases

- Product liability claims

- Wrongful death claims

- Dog bite cases in which an owner knew his/her dog was aggressive

Elements Involved in Awarding Punitive Damages

Before awarding punitive damages, the court takes certain things into consideration. Plaintiffs seeking punitive damages must meet a high bar to prevent abuses of the system. Punitive damages are not awarded in isolation—the plaintiff must be awarded other types of damages such as special and general compensatory damages. The defendant must have acted maliciously or purposefully. Mere negligence typically does not warrant an award of punitive damages.

How Are Punitive Damages Calculated?

Punitive damages are awarded in an amount that is relatively proportionate to compensatory damages. In Pennsylvania, punitive damages are sometimes capped. For instance, in medical malpractice cases, punitive damages cannot exceed more than 200 percent of the compensatory damages awarded, and 25% must go to the state’s MCARE (Medical Care Availability and Reduction of Error) Fund.

How a Personal Injury Lawyer Can Help

If you or a loved one has been injured in an accident and believe that punitive damages may be warranted in your personal injury or wrongful death claim, it is critical to speak with an attorney. These types of cases are complex. An experienced personal injury attorney can evaluate your case and advise you of all the options that may be available to you.

This blog was originally posted on https://www.pa4law.com/punitive-damages-what-are-they-and-when-are-they-awarded/

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