Best Birth Injury Lawyers Little Rock, AR

Little Rock, AR Birth Injury FAQs

• Is it necessary to go to court for a birth injury claim in Little Rock?

  No. ADR, or alternate dispute resolution, is an option for resolving conflicts in Little Rock, including birth injury claims. ADR is usually voluntary, but there are situations where court orders may require participation. It has two types: mediation and arbitration. Mediation is led by a trained mediator, where parties must mutually agree on a settlement. Arbitration, on the other hand, involves appointing an arbitrator, who acts as both judge and jury.

• What constitutes a "birth injury" in Little Rock?

  Birth injuries in Little Rock are commonly characterized by the infliction of grievous harm or death upon a newborn. Infants can suffer from oxygen deprivation, which can result in cerebral damage. The use of forceps or a vacuum extractor can cause skull fractures and other trauma, which is another type of birth injury. Conditions like Erb's palsy and brachial plexus palsy can also happen when too much force is applied to the baby's head during birth.

• What needs to be proven in a Little Rock birth injury claim?

  To succeed in a birth injury case, you and your attorney need to prove three things: the medical providers attending your child's birth had a duty of care, they did not meet healthcare standards (breaching the duty of care), and their failure to meet these standards caused your child's birth injury. Proving these items can be challenging, which is why it is critical to consult with skilled Little Rock birth injury attorneys.

• What kinds of compensation can a Little Rock individual get in a successful birth injury claim?

  You can sue for two types of compensation in a Little Rock birth injury claim: economic and non-economic. Economic damages refer to those that have a monetary value, such as therapy or medical costs, lost future earnings due to disability, and expenses like prescription medications and surgeries. Non-economic damages encompass factors such as your child's pain and suffering, the emotional impact of their injury on you and your family, and related concerns.

• Is there a time limit for filing a birth injury claim in Little Rock?

  Yes. Parents of a child who has sustained a birth injury in Little Rock have two years from the discovery of the injury to initiate a medical malpractice lawsuit on behalf of their child against the doctor and institution deemed responsible. Minors filing for a birth injury claim without parental representation have 11 years as the statute of limitations.