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Birth Injury Law in Limasol, Cyprus falls under the broader field of medical malpractice law. It generally involves injuries that occur to a newborn before, during, or shortly after childbirth that could have been prevented with proper care. In these cases, the parents may be entitled to compensation for medical expenses, pain and suffering, and other damages.
While not every birth injury is the result of negligence, many can be, and finding evidence to support this can be challenging. Legal professionals who specialize in birth injury can help identify if negligence was the cause of the injury. They can also assist in obtaining the necessary medical examinations and reports, deal with complex legal processes, negotiations with the responsible parties, and if necessary, represent you in court.
In Cyprus, the standard for acceptable professional behavior in medicine is the "Bolam rule", which means that healthcare providers are only considered negligent if they failed to provide the standard of care that a responsible body of medical professionals would have provided. Cyprus law permits the filing of a claim up to three years from the date of the injury or the date it was discovered. However, in cases of infancy or mental incapacity, this time limitation may be extended.
A birth injury refers to any damage sustained by an infant before, during, or shortly after birth. These injuries can be the result of complications in the pregnancy, medical error, or negligence on the part of medical practitioners.
The most common birth injuries in Limasol, Cyprus include cerebral palsy, brachial plexus injuries (Erb's palsy), Caput Succedaneum, Cephalohematoma, and brain injury due to oxygen deprivation.
Yes, the law in Cyprus recognizes psychological harm as a legitimate form of damage for which compensation may be awarded.
Proving negligence involves demonstrating that the medical professionals breached their duty of care, and this breach directly led to the birth injury. A lawyer with expertise in birth injury law can guide you on this matter.
There is no set timeline for how long legal proceedings can take as it depends on various factors including the complexity of the case, how willing the parties are to settle, and the available court dates.
The Cyprus Medical Association, Cyprus Health and Social Workers' Union (SEKK), Cyprus Patient's Rights Association and online forums can provide additional advice and support.
If you require legal assistance about a potential birth injury case, you should first consult with a lawyer who specializes in this area. They can guide you through the complex and often emotionally burdensome legal process, from gathering evidence and filing a claim to negotiations and potential court proceedings.
