Omaha Birth Injury Lawyer
One of the most vulnerable times in a child’s life is during birth. The hours where the mother is in labor and the minutes following the birth are critical to a child’s overall health and mental development. Any deprivation of oxygen or complications during the delivery can result in severe, lifelong injuries.
Plaintiffs wishing to pursue compensation for a birth injury suffered by their child must do so under Nebraska’s medical malpractice laws. These laws limit how, when, and for how much compensation a plaintiff can sue.
An Omaha birth injury lawyer from Inkelaar Law could represent you if your child suffers an injury due to maltreatment during birth. Our experienced attorneys‘ goal is to hold negligent doctors and hospitals civilly liable for their mistakes.
What are Some Examples of Birth Injuries?
Birth injuries can occur in one of two ways. First, the injury can occur as a result of naturally occurring complications that are not properly treated. While many complications can be lessened or even avoided entirely with modern medicine, many children are born at risk of injury nonetheless.
Many injuries result from a lack of oxygen made available to the child, either while still in the womb or after birth. This can result from problems with the umbilical cord or medical staff being unable to get the child to breathe on its own.
The second type of birth injury occurs due to a physician’s error in handling the child. While most births are still delivered in the conventional fashion, the rate of C-section deliveries is on the rise. An improperly performed C-section greatly increases the chances of birth injuries.
In other situations, a doctor is forced to administer drugs or use tools such as forceps to aid in the delivery of the child. If improperly used, these drugs and tools can endanger the health of both the child and the mother.
When does the Level of Care fall to Malpractice?
Some degree of uncertainty follows any medical procedure, even ones as seemingly routine as childbirth. Still, all hospitals and birthing centers have established procedures to deal with complications. When these procedures are not followed, or the procedures are improperly conducted, malpractice may have occurred.
In general, medical malpractice is when the level of care provided by a doctor falls below the acceptable standard. This takes into account a full evaluation of the situation, including:
- The patient’s prior health;
- The facilities available to the doctor;
- The tools available to the doctor; and
- The geographic region.
In order to aid potential Omaha plaintiffs in determining if malpractice has occurred before they file a case in court, Nebraska has established a medical review panel that examines the actions of all physicians within the state. This panel’s review is not a required portion of a birth injury case, but can serve as crucial evidence if they find the doctor was negligent.
The state of Nebraska has specifically limited the monetary value of medical malpractice claims. Nebraska Revised Statute 44-2825 places a hard cap of $2.5 million for any injury suffered after December 31, 2014. This includes payments for:
- Medical costs associated with treating the malpractice;
- Compensation for pain and suffering; and
- Any economic damages from lost earning potential.
There is also a strict time limit for when you can file a lawsuit for birth injuries in Nebraska. Using a law known as a statute of limitations, the legislature controls when a case can be brought to court.
Under Nebraska Revised Statute 25-222, any claim for professional malpractice must be filed no more than two years from the date of injury. Alternatively, if the injury is not discovered until after the two years have passed, the case can be filed one year after the discovery. In no case can a claim be made more than 10 years after the injury.
An Omaha Birth Injury Attorney Is Available to Help
Come to terms with a birth defect is always a difficult experience for a parent. When those defects or injuries are the result of poor medical care, the attending physician may be held liable for medical malpractice. An Omaha birth injury lawyer could help the parents of injured children to hold negligent doctors and hospitals responsible for their actions.
Whether a child was injured due to a failure to recognize and treat a naturally occurring danger or because of a poorly executed procedure, Inkelaar Law is here to help. There is a strict time limit on when a person can bring a claim, so contact us today to get started on your case.