A birth injury can be one of the most devastating experiences for any parent. According to research, one in every 33 children born in the US suffer a form of birth injury. Some of these injuries lead to lifelong disabilities that require long-term and extensive care.
The thing is, there are many causes of birth injuries, but some are entirely preventable as they are caused by medical malpractice or negligence. Given the life-changing nature of birth injuries, it’s only right that, as a parent, you file a birth injury claim and get compensation for the injustice done to you and your child.
What to Know About Birth Injury Claim
The first thing you need to understand about filing for a birth injury compensation claim is that there’s a statute of limitations to how long you can take before filing a case. Additionally, doctors and medical practitioners are not always forthcoming about any medical errors that lead to injuries or fatalities. At this point, you may not even be sure whether it was negligence and if the hospital is withholding information from you, then what you need is legal assistance.
Professional birth injury lawyers have extensive experience, and they recognize the types of injuries caused by medical malpractice. They can provide you with a lifeline. Handling such a delicate matter on your own can be draining, emotionally, and financially, which will end up in regret.
It may not be easy, but this is a time for you to be strong so you can fight for the compensation you deserve. Besides, most attorneys work on a contingency basis, which means that you don’t have to pay them out of pocket. They get a cut of the financial settlement once they win the case.
Starting Your Claim
Before you start filing your birth injury claim, you should know that you can’t wait for the lawsuit to get treatment. Whether it’s the child or the mother affected, you should start treatment immediately. Once the claim is settled successfully, you will be reimbursed for all medical bills.
The first step of filing your birth injury compensation claim starts by proving that the injury was a result of medical malpractice. This means that your birth injury claim lawyer needs to prove beyond reasonable doubt that the doctor or medical practitioner in charge of the delivery was negligent, and it was that act that caused the injury.
Proving causation and determining negligence are important parts of the process and may be the hardest. The doctors involved will hire professional experts for their defense. This makes working with a professional birth injury lawyer even more important. The attorney will also find suitable professional experts that will argue your case coming from a medical standpoint.
Filing the Claim
To start the legal proceedings, your attorney will file the initial birth injury claim in the relevant court in your state. This involves filling the right forms within the statute of limitations in your state. The claim will be in the form of a medical malpractice lawsuit.
You may have to submit an affidavit of merit declaring that you and your attorney have consulted with appropriate medical practitioners and believe there is meritorious and reasonable cause for the lawsuit. You will have to wait for the defendant to accept or deny the claim.
If they accept, you’ll have settlement negotiations, and if they deny, you’ll have every right to pursue a case in court and demand compensation. At this point, your attorney will gather all relevant evidence in terms of medical records, witnesses, photographs and even past complaints to build your case.
Settlement Negotiations
If the defendant accepts the claim, you’ll negotiate a settlement. Most birth injury claims end in settlements because malpractice cases can be lengthy and costly. Having an attorney during negotiations will increase the odds of reaching a worthy settlement
The settlement could include medical bills, special education, physical therapy costs, and all other related economic damages depending on your case.
Going to Court
If the defendant denies the claim, then you’ll have to go to court. The court process starts with the discovery phase. It involves searching, gathering evidence, and hosting interviews with all involved parties to gather information. It may take months to acquire all relevant medical records and other forms of evidence.
The hospital will likely be slow in responding to requests. They will not make the case easy for you once they deny the claims. The attorney will have to request for documents from the defendant, and take witness depositions. The most important witness here is the expert medical witness.
After discovery, you’ll then go to trial where a jury will listen to both sides of the case. If it’s proven that you have a burden of proof against the defendant, the jury and judge will award you the appropriate amount of compensation. If not, then you may appeal your case.
Receiving Damages
The amount you get from your birth injury claim will depend on the settlement negotiation or trial victory. The factors involved will be the severity of the injury, the type of treatment you need, the length of treatment, and the professionalism of your attorney. Some states do have a cap limit of how much a victim can receive, but your lawyer will advise you about this.
Contact the Best Birth Injury Claim Attorney
If unfortunately, a birth injury has happened to you, the most important thing you should do is get medical help for yourself and your child. After that, hire a professional to guide you through the legalities of the process.
The medical malpractice law is complex and venturing without legal counsel can complicate things for you, especially if the hospital denies the injury claim. A professional attorney will fight for what you deserve, so don’t hesitate to get the best one.
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