A birth injury is also known as birth trauma. It is a physical harm that can affect the newborn baby in different ways during or after the delivery. These injuries usually heal themselves with time, but in some cases, babies require proper treatment to heal from birth injuries.
Some severe injuries do not have any cure and can cause a permanent disability. Therefore, it is important to take timely measures to avoid any health complications for newborns.
Most of these birth injuries occur due to medical negligence and mistakes. In such cases, you can file a birth injury lawsuit against the hospital and management. It is a legal action that enables parents to receive financial compensation.
Medical negligence occurs when nurses, doctors, or any healthcare staff fail to fulfill the expected medical standards. Parents must carefully examine their newborn children to ensure that they are in a perfect physical state. It allows you to take the right step on time.
Let’s explore this guide about birth injury laws.
1. Making A Birth Injury Claim
One of the first steps in filing a birth injury lawsuit is to consult a reliable law firm. Ensure that the company has experience in handling relevant cases along with a proven track record.
Legal matters are often complex and require proper assessment of the case. Therefore, you require the right legal guidance, which can help you get the desired verdict of the case.
To find an experienced firm, you have to do thorough research to ensure that the firm is aware of the local laws. Shortlist all infant injury law firms in your state or city that have a good reputation for operating locally. Go through their previous track record and feedback from clients, as it will help you to make the right decision.
Once you reach out to the law firm, they will review your case to ensure it is a valid medical malpractice claim. After the firm decides to take your case, you have to sign a fee agreement so the preparation of the case can begin.
You have to stay patient during the legal process because it takes a long time to complete. Such procedures involve a lot of investigation to figure out the injury cause and to find which medical staff is responsible.
Furthermore, it can also take time for the injuries to become apparent when the child develops. The medical assessments are required to understand the situation so the compensation and liability can become clear.
2. Finding The Evidence
One of the most important parts of the birth injury cases is to gather evidence. You must help your attorney collect solid evidence that can make your case strong.
You need to produce the required documents as evidence. It includes prenatal care and pregnancy medical records, hospital delivery records, witness statements, and treatment records that your newborn received.
All these documents help attorneys to establish whether the doctor has missed some diagnoses or made errors. Attorneys may also consult medical experts to review those medical records.
3. Filing Lawsuit
After gathering all relevant and crucial information, your lawyers can file a lawsuit. The defendant in your lawsuit will be the doctor or hospital that you will sue.
Both parties must follow the trial dates and court proceedings. Your complaint demands a certain amount of money from the defendants, who have 30 days to respond. If the defendant does not answer, you win automatically. They must explain why they are not liable for your child’s injuries if they refuse to pay.
Your attorney needs more evidence and details if the defendants respond to the complaint to strengthen your case. If your lawyer requests further medical records and other documentation, you may have to comply. It can help lawyers understand your child’s birth injury. The case also depends on your family and medical professionals’ statements.
You should also tell your lawyer how, where, and who caused the incident. It also helps lawyers assess how injury could have been prevented.
4. Appeal & Trial
The judge will listen to the arguments from both sides of the dispute before declaring a final verdict. As stated previously, there will be no compensation offered in the event of a loss. A losing party might ask the high court to reconsider the matter by filing an appeal. It can be the best option that you can consider if you lose again.
However, the other side may also file an appeal, which may not end up in your favor. Months or even years may pass throughout the trial and appeals procedure. It may cause your child’s compensation to be held up.
5. Settlement Negotiation
There are two possible outcomes to a birth injury lawsuit: a trial verdict or a birth injury settlement. The defendants are required to pay the full settlement amount to the plaintiff after they accept the birth injury compensation.
If a birth injury settlement is unsuccessful, the matter will go to trial. At trial, both sides present their cases to a jury, who then decides whether or not the plaintiff is entitled to monetary recompense.
In cases of birth injuries, most lawyers will attempt to settle out of court. It avoids the needless inconvenience of repeated court appearances for both parties. Settlement is preferable in a birth injury claim since going to trial may be expensive, time-consuming, and risky. If the court does not give a verdict in your favor, you will not be given any compensation.
It can be really frustrating and painful for parents to see their newborn child suffer from a birth injury. As a parent, you must be aware of different types of birth injuries and what you need to do in such situations to avoid any health complications.
Furthermore, you must be aware of the birth injury laws and how to file a legal claim if your child suffers from a birth injury. You must reach out to a reliable law firm that can provide you with the right guidance according to local and state laws. It will help you take the right legal steps accordingly. Cooperation with an attorney and staying patient during the case is also crucial, so keep these factors in mind.