Giving birth is both an exciting and a scary time for parents, and the risk of something going wrong can lead to injuries sustained by the baby or the mother, or both. In a case where medical decisions made by the doctor caused the injury, a birth injury lawsuit may be brought against the doctor, or the healthcare facility.
One type of injury that may be the driving force behind an Alabama birth injury lawsuit is cerebral palsy, a brain disorder that can effect the physical ability of a person for the rest of their lives. Oxygen deprivation is one of the key factors in cerebral palsy development, which can occur in many stages of the birthing process.
SUPPORT Study
In the University of Alabama Birmingham, and other hospitals around the state, a study in 2006 was suspected of causing cases of birth injury. This study, performed at hospitals around the country, led parents to believe that they were providing records relating to the care of their premature babies for future case studies.
Instead, their children, all rated as “extremely” premature, were part of experiments that explored the way oxygen changed the development of a premature baby. The study was an attempt to find a balance between a lack of oxygen, which could cause cerebral palsy and other injuries, and too much oxygen, which could cause blindness. According to a letter that was released to the public in 2013, the Office for Human Research Protections indicated that the SUPPORT study had violated federal regulations regarding informed consent.
Retribution for Birth Injury in Alabama
According to the Alabama state constitution, there is no limit to how much a court can award a victim in the case of proven medical malpractice that leads to a birth injury like cerebral palsy. Birth injury cases must be filed within two years, unless the symptoms do not manifest until after the two-year statute of limitations. In those cases, the alleged victim has six months to file their case.
There is a limitation on this statute of limitation law. If the child who suffered the injury is more than four yeas old, the lawsuit must be filed within four years of the initial injury. If the child is under four years, the lawsuit must be filed by the child’s eight birthday. Finally, if an infant passes away due to birth injury, the lawsuit against the Alabama doctor or medical facility must be filed within two years of the date of death.
Trials for birth injury lawsuits may take several years, depending on the type of injury and what type of documentation is available to prove the fault lies with the medical caregivers. It’s important to keep documents relating to all aspects of your care during the time that the birth injury was sustained, because it can prove that the injury was not a result of other elements of care or genetics.
Because the statute of limitations may run out before the lawsuit ever gets to court, it’s important to take legal action as soon as your child has an official diagnosis of a birth-related injury. Often the hospital or medical care facility in Alabama will contact a legal representative during the appointment where the diagnosis is revealed and discussed. Your insurance specialist may also be able to help you start the process.
For severe injuries like cerebral palsy, a lifetime of medical care needs is inevitable. A lawyer that specializes in birth injury lawsuits can help you determine exactly how much will be needed for your child’s future care, and how much to settle for with the doctor or facility that caused the injury.
Sources:
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/
http://www.birthinjuryguide.org/birth-injury/financial-support/legal-questions/
http://ktul.com/news/nation-world/full-measure-human-testing