Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Birth Injury Law, part of the broader field of Medical Malpractice Law in the United States, includes all legal principles that cover injuries infants suffer during the labor and delivery process which could have been prevented. These preventable injuries often occur due to professional negligence, equipment malfunction, or poor decision-making by medical staff. In Portland, like many parts of the country, families can take legal action to seek compensation for their suffering if they can prove negligence during childbirth.
A lawyer specializing in Birth Injury Law can provide invaluable assistance in multiple ways, especially for complex medical cases. They can help establish if negligence occurred, identify who is legally responsible, calculate a fair and full compensation amount, negotiate with the other party, and represent you in court if necessary. Particularly, if your child has suffered traumatic injuries such as Cerebral Palsy, Brachial Plexus injuries, Hypoxic-Ischemic Encephalopathy, or other serious conditions due to medical errors, retaining a birth injury lawyer is imperative.
In Portland, Oregon, Birth Injury Laws fall under the Oregon Medical Malpractice Laws. The statute of limitations is typically two years from when the injury was or should have been discovered but not more than five years after the incident. For cases involving minors, the claim must be filed before the child's 19th birthday. Furthermore, Oregon follows the legal doctrine of "Comparative negligence", which means that even if the parents are partially at fault, they still can recover damages, though it may be reduced.
A birth injury refers to any type of harm to an infant that occurs during labor and delivery. This can include physical injuries such as fractures and nerve damage, as well as brain injuries leading to conditions like cerebral palsy or developmental delays.
The amount varies greatly depending on the severity of the injury, medical costs, projected future care costs, and pain and suffering. Each case is unique and would be evaluated individually.
Yes, signing a standard consent form doesn't waive your rights to file a lawsuit if you or your child were harmed due to negligent care.
The timeline of a birth injury lawsuit can vary greatly. It can take anywhere from a few months to several years depending on the complexity of the case.
If the unfortunate event of a wrongful death occurs due to a birth injury, you may have the right to bring a wrongful death lawsuit against the party at fault.
For additional resources, consult organizations such as the 'American Association for Justice' and 'Oregon State Bar Association' for having lists of practicing Birth Injury Lawyers. Additionally, the 'Birth Injury Guide' and 'National Institute of Child Health and Human Development' provide extensive information about different types of birth injuries.
If you believe that your child's birth injury could have been preventable and caused by negligence, consider taking the following steps: Gather all medical records and details about the event. Document everything relevant. Get professional medical opinions where possible. Consult with an experienced Portland birth injury attorney as soon as possible.
