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Filing a medical malpractice lawsuit after a birth injury

On Behalf of | Aug 5, 2022 | Birth Injuries, Medical Malpractice

It’s devastating for Idaho parents to learn that their newborn infant has suffered a birth injury. However, if that injury was caused by a medical mistake made by a doctor, nurse or other medical professional who helped deliver the child, the parents might want to file a medical malpractice lawsuit.

Why should you file a medical malpractice claim for birth injuries?

Birth injuries can seriously affect your child for the rest of their life. As a result, filing a medical malpractice claim might be the best thing to do. It can help ease the financial burden on your family if your child’s injuries are severe enough that they lifetime care. For example, according to the Centers for Disease Control and Prevention, health care costs for children with cerebral palsy are often at least 10 times higher than those for other children.

If your lawsuit is successful, you might be able to recover compensation for the following:

• Modifications to your home and medical equipment to help your child

• Pain and suffering

• Your child’s medical expenses for the past, current and future

• Physical therapy and rehabilitation costs

• Other healthcare-related costs

Your child’s quality of life can be improved if you are able to recover these damages. Treating birth injuries is often very expensive, leaving some families financially strained to pay for everything their kids need.

When should you file a lawsuit?

The best time to file a medical malpractice lawsuit for birth injuries is as soon as possible. You may need evidence in the form of a letter or affidavit from a doctor or testimony from a medical expert that your child’s birth injuries were caused by a doctor or other medical professional.

You must also file within the statute of limitations. In Idaho, you have up to two years from the date you became aware that your child was affected by a birth injury to file your claim with the court. Failing to do so in a timely manner could mean that your lawsuit will not be heard.