New Hampshire Birth Injury Lawsuit

In the state of New Hampshire, medical malpractice caps are deemed unconstitutional by state law. This fact has led to birth injury lawsuits that have settled or been ordered to pay amounts ranging from five million to over 40 million dollars. Cases where birth injury resulted in disorders like cerebral palsy have been awarded multi-million dollar settlements due to the lifelong medical care that will be required for the child in the future.

These types of cases were successful because the family was able to file within the proper time frame and with the right documents to prove the malpractice or negligence.

Statute of Limitations

In New Hampshire, all birth injury lawsuits must be filed within three years of the injury occurring. However, some birth injuries’ full effects may not be noticeable until years after the injury took place. In these instances, New Hampshire law states that a lawsuit must be brought to the court within three years of the time that the injury “should reasonably have been discovered”. If the birth injury resulted in the wrongful death of an infant, the family must file a lawsuit within three years from the date of death.

Because these years can go by quickly without signs of cerebral palsy or other disorders manifesting fully, it’s important to approach an attorney who specializes in birth injury lawsuits quickly when there is a suspected case of injury.

Cerebral Palsy and Other Injuries

Cerebral palsy is one of the most common types of birth injuries that are taken to court. This term is used to cover several different types of disabilities that are caused by brain damage. The brain damage is often caused by a lack of oxygen during or right after delivery. If the healthcare team does not deliver oxygen via a tube or other means when the baby is in need, it can take only a few minutes for the damage that causes cerebral palsy to take place.

Cerebral palsy symptoms include inability to control muscles, inability to eat, speak, or walk unassisted, and delayed mental development. Other types of birth injuries that may result in lawsuits include broken bones, hemorrhaging, shoulder injuries, and other serious injuries. While some may not affect a child’s life over the long term, others can lead to a life of expensive medical care.

Filing a Birth Injury Lawsuit

After speaking to a New Hampshire lawyer and determining if they can help you, a case will be opened that your lawyer and the appropriate authorities will investigate. Records kept from your pregnancy, delivery care, and pediatric care directly after birth will help determine the culpability of the doctors, nurses, healthcare staff, or healthcare facility as a whole.

The lawyer can then help you determine how much to ask the courts to levy against the alleged responsible party. This number will likely reflect how much you owe in current medical bills for the child’s care, as well as the predictions for the future costs of paying for expensive medical care. It may also include an amount to compensate for the loss of income the child will face as an adult, and an amount for emotional damages the family has experienced.

Many New Hampshire lawyers who specialize in birth injury lawsuits will do the initial consultation for free. A birth injury lawsuit can be a lengthy process, so the sooner it begins, the better chance the prosecuting party has at filing before the statute of limitations is up. Settling outside of court may be a preferred method of speeding the process, which is the outcome of many birth injury lawsuits.

Sources:

http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/

http://www.disabledlawyering.org/new-hampshire.html

http://www.lubinandmeyer.com/about/medicalmalpractice/cerebralpalsy.html

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