A birth injury occurs to a baby before, during, or immediately after birth. Several factors can cause a birth injury. When a birth injury occurs, it can have severe and long-lasting consequences for both the baby and the family.
Consequently, you can hire an experienced birth injury claims lawyer to seek compensation for the injury.
The birth injury claims process requires an understanding of medical procedures and terminology. Here is everything you need to know about the birth injury claim process.
Understand the Type of Injury
Understanding the type of injury that your child has suffered is the first step in the process. Different injuries require further evidence to prove malpractice.
Understanding the specific type of injury your child has suffered will help you and your attorney understand the cause of the injury.
Some injuries may result from factors outside medical professionals’ control, and the claim will be invalid in such cases.
Consult With a Birth Injury Attorney
Consulting with a birth injury attorney is crucial in the birth injury claims process. An experienced attorney can evaluate the facts of your case and advise you on your legal options. They can also guide you through the process of pursuing a claim and help you understand the potential outcomes.
A birth injury lawyer will review any medical records and other documents you provide. Based on this information, they can give you an estimate of the strength of your case and the potential compensation you could receive.
However, not all birth injury cases are suitable for litigation. In some cases, a settlement may be a better option. A reasonable attorney will table all your options so you can make an informed decision.
File a Notice of Claim
Filing a notice of claim is a legal requirement in many states before filing a lawsuit for medical negligence. This notice is a formal warning to the healthcare provider that you intend to take legal action.
The notice of claim also sets a time frame for the health facility to respond. The healthcare provider’s response will inform the family of case settlement or litigation. The notice of claim also helps maintain the statute of limitations.
A birth injury lawyer can help ensure correct filing.
To build a strong case, you must gather evidence demonstrating that the health facility’s negligence caused the injury, including medical records, testimony from experts, and the testimony of other witnesses.
File a Lawsuit
If the health facility cannot settle your claim through negotiation, the next step will be to file a lawsuit. Your attorney will file a complaint with the court, and the case will proceed through the legal system.
Accept a Settlement or Go to Trial
Accepting a settlement offer is a personal decision you should make after discussing it with your attorney. The attorney can provide an evaluation of the settlement offer to the potential outcome if the case goes to trial.
Before accepting any settlement, you should understand the terms of the settlement and what it means for the child’s future care.
If you cannot settle the case through negotiation, it will go to trial. The case is presented to a judge or jury, who will decide the outcome based on the evidence presented. An attorney can inform you about your case’s strength and help you decide in your best interest.
Appealing takes the case to a higher court. If the judgment in a birth injury case is not in your favor, you may have the option to appeal the decision. The appellate court may affirm or change the lower court’s decision.
Pursuing a birth injury claim can be a time-consuming process. However, it can be an essential step for families who have experienced the devastating effects of a birth injury. A birth injury attorney can help you fight for the compensation and justice you deserve.
However, it is vital to seek legal representation as soon as possible, as there are often time limits for legal action.