Finding your child with a birth injury is extremely painful for all the parents. The thought that this incident could have been averted, preventing your child from experiencing such pain is all the more disturbing.
If only the medical team working on your case were responsible enough and adhered to the standards of care, you would have been celebrating the birth of your child.
All these thoughts make you restless and urge you to take action against those responsible. In a birth injury, the negligence of doctors, nurses, and other medical team members caused the issue.
Therefore, the law makes you eligible to file a birth injury malpractice lawsuit against the responsible people and the hospitals.
What is a birth injury malpractice lawsuit?
A birth injury lawsuit allows the families to demand compensation to pay for the mounting medical bills of a birth injury treatment. In many cases, birth injury caused perpetual damage.
Therefore, the compensation amount considers the lifelong cost of the treatment and loss of the chance to live a normal life. The average malpractice lawsuit for birth injury for a child under one month is $1 million.
During the lawsuit, attorneys on both sides draft all the necessary documents and come to an agreement and settle the case.
Various online sources have been developed to equip the victims with information about birth injuries and take legal actions against the perpetrators. One such resource is Birth Injury Justice Center, which provides all-inclusive legal services from consultation to filing a case.
Such organizations help you understand the options available to you and what chances you have to get compensation. The earlier you take legal action, the more your chances of getting financial help in distressing times. Here is a rundown of steps in a birth injury lawsuit.
Know more about the statute of limitation
The statute of limitation is the time window to file a medical malpractice case. The time can vary from state to state. For instance, in Pennsylvania, the statute of limitation is two years. Both the child and the parents can sue the medical professionals. But both can sue for different reasons.
For instance, parents can file a claim for fulfilling the cost of treatment and pain and suffering afflicted to their child. On the contrary, upon reaching the age of 18, a child can file the claim for the loss of future incomes and future medical costs of their treatment.
So, the parent’s right to sue may expire after two years, but the child has a much longer statute of limitation that allows it to file a complaint until the age of 18.
Hire an experienced attorney
You can get all the information about the options available to you, but you need an experienced lawyer to file the case on your behalf. Your attorney will know where and when to file the lawsuit and what documents to collect.
Understandably, the medical team and the hospital will deny your claims. But an experienced can beat them at their own tactics and win the compensation. When finding a lawyer, it is better to choose one associated with a reputed law firm where lawyers have won countless similar cases.
Moreover, your lawyer should have experience fighting similar birth injury claims. Their focused area of practice can be very beneficial for the success of your case. Likewise, reputed firms have extensive resources such as paralegals, teams of attorneys, nurses, and other legal professionals to develop your case.
Retrieve the record
The next step is to retrieve the records and investigate the claim. Both mother’s and baby’s charts are obtained. The charts are analyzed to see if there are apparent signs of fetal distress.
Gather evidence
Most cases are developed around sound evidence that proves that there indeed was an incident of medical malpractice. The lawyer will work with you to systematically analyze all the information. Critical pieces of evidence include medical bills and reports, phone call records, or anything that could prove the harm to your child.
File a lawsuit
Once sufficient evidence is collected, your lawyer will file the lawsuit. The defendants will be notified about your complaint. They will be given some time to respond to your application. You and your kid are the plaintiffs in a birth injury claim, while the medical team who caused the distress is the defendant. If the defendants fail to respond on time, the judgment can immediately be made in favor of the plaintiff.
Discovery phase
The discovery can be a very detailed phase in which both parties collect all the evidence and develop their case. Both parties may demand documents, statements, possible witnesses, depositions, and cross-questioning. This is an extremely important time, as everything collected in discovery is used later in the case.
Negotiate with a settlement or go for a trial
Based on the evidence collected by both sides, the defendants may ask you to close the case with a settlement. Some amount of money if proposed to fulfill the cost of the treatment. Your lawyer may negotiate the amount on your behalf. If you agree to the amount of compensation, the case closes without going through a court trial’s expensive and time-consuming process. Else, you may be required to follow a full-fledged court proceeding.
Conclusion
The court proceedings can be very tricky and detailed. Therefore, the help of a lawyer is inevitable. Even if the money cannot bring back the health of your child, it can still help you fulfill the medical cost of the treatment. In many cases, early interventions can also avert the severe effects of a birth injury.