Seven of every 1,000 babies born suffer a birth injury. Most of these injuries cannot be prevented, but when they can, parents need help. The child may have lifetime difficulties and will need care for those injuries. The responsible parties should be held accountable and pay for this care.
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Birth Injury Lawsuits
Medical errors contribute to a small percentage of birth injuries. These injuries include things such as cerebral palsy, hypoxic-ischemic encephalopathy, and Erb’s palsy. Parents should know that suing for birth injuries is an option so they can have help paying for care for their child. However, they may be hesitant to do so.
Parents often don’t want to sue the medical provider. They may have little knowledge of the legal system and worry about what will happen. They will be more comfortable seeking this compensation when they better understand the process.
Visit Attorneys
Parents should meet with several attorneys to find one they feel comfortable with. The process could drag on, so the parents need someone to call with questions and concerns. If they don’t like the attorney, they may hesitate to ask questions or discuss problems, which could hurt the case. The attorney will need information about the formal diagnosis to determine whether to proceed with a case.
Evidence Gathering
If the attorney feels there is a case, they will begin gathering evidence to prove the medical professional is at fault. Medical experts may be called in to determine whether the standard of care was met. If not, the attorney will recommend moving forward with the suit.
Filing the Suit
Lawyers work to file the lawsuit quickly. They may need help obtaining information from medical professionals or encounter other obstacles, but they do their best to file the suit as soon as possible. Medical experts can help them determine if the records are complete or if information is missing that will be needed to prove the claim. Once the suit has been filed, the defendants will be served.
Discovery
During discovery, each side may ask the other side written questions. In addition, they can ask the other side to produce documents and other materials related to the case. Any information that is not privileged or confidential must be shared with the other side.
Negotiations
Negotiations, mediation, or the parties’ attempts to reach an agreement may be used to settle the case. If an agreement cannot be reached, the case moves to trial.
Going to Trial
A case may go to trial, and the attorney represents the parents and child in court. Once a verdict has been reached, the parent may receive compensation through a life healthcare plan. The judge or a jury determines whether the parents have proven their case or if the defendants are not guilty of medical malpractice.
Any parent who believes their child has suffered a birth injury and a medical provider is responsible should speak with an attorney right away. Each state makes laws regarding the statute of limitations for birth injury lawsuits, and parents don’t want to miss essential deadlines. Most attorneys handling these cases work on a contingency basis so that the parents won’t be billed for the attorney’s services unless they win the case. The parents have nothing to lose when they advocate for their child who suffered a birth injury.
