eTopical Precious Finds
Giving birth is one of the most exciting things you’ll ever do, but it’s also something that sparks anxiety in most people. That’s because it’s common knowledge that many things can go wrong before, during, and after birth, ultimately putting both the mother’s and the baby’s life in jeopardy.
Thanks to modern medicine, complications and injuries are extremely rare, but they can and do still happen. If you or your baby suffers an injury as a result of medical negligence, you may be able to bring forth a lawsuit and recover any damages you sustained as a result of that malpractice.
But how exactly are you supposed to start this type of lawsuit?
Step One: Contact a Lawyer
An attorney who specializes in birth injuries can guide you through every step of the process, offering advice, direction, and support in every phase. Most lawyers who specialize in medical malpractice and birth injuries will provide you with an initial consultation for free. During this initial consultation, they’ll ask you a number of questions about your recent experiences and determine whether they can help you move forward with a legal claim.
In some cases, your lawyer will advise that you don’t have sufficient evidence or a sufficient claim to bring forth. However, they may think your case is a winnable one, and they may provide you with additional steps for how to move forward.
What Qualifies as a Compensable Birth Injury?
What exactly qualifies as a compensable birth injury?
This is largely a question of medical malpractice, which is largely a question of negligence. We expect doctors and medical professionals to do what is in our best interests, keeping us safe, preventing complications, and adequately addressing complications that do arise. If and when medical professionals breach this duty, they may be liable for compensating their victims. However, it’s still going to be important to prove the extent of damages and to prove a causational link between the breach of duty and these damages.
With that in mind, there are many different categories of birth injury that cover both the mother and the child. The bottom line is that if you or your baby has been injured as a result of unreasonable medical mistakes, you may be eligible for compensation.
The Process
The process of fighting for compensation for birth injury typically looks like this:
· Initial consultations. First, you’ll consult with a lawyer and decide on a strategy for how to move forward. It’s important to listen to your lawyer’s advice and follow it as closely as possible if you want the best results.
· Preliminary investigations. Before deciding to move forward, your lawyer may help you conduct a preliminary investigation, reviewing the details of your claim and securing a favorable position.
· The complaint. When you’re ready to move forward with a lawsuit, you and your lawyer will file an official complaint with the court.
· The answer. At this point, the defendant will have an opportunity to answer. Typically, medical providers will attempt to provide defenses to the claims you make.
· Discovery. Discovery is a process in civil cases in which both the plaintiff and defendant work together to “discover” new information and bring it forth for both parties to review. This is your chance to gather as much favorable evidence as possible.
· Negotiations. Most birth injury cases are resolved long before they ever go to trial. The defendant and plaintiff negotiate, hoping to reach a mutually agreeable settlement that prevents a more expensive outcome.
· Trial. If negotiations fail, however, the case may still go to trial. If it does, both your fates will depend on the judgment of a judge or jury.
Positioning Yourself Strategically
If you want to maximize your chances of winning a sizable settlement, these are the most important steps to follow:
· Gather as much documentation as possible. Try to gather as much documentation as possible. The more evidence you have to show the extent of the harm you suffered and a causational link between your medical provider’s actions and that harm, the better.
· Keep the details private. Don’t let your medical provider know that you’re preparing a case against them. In fact, you should keep all the details of your birth injury as private as possible until otherwise noted.
· Work with your lawyer closely. Your lawyer is your greatest resource in positioning yourself strategically, so listen to their advice and follow it closely.
· Remain patient. Patience is arguably one of the most important skills in negotiation. It may take many months to reach an acceptable settlement, so try to take things one step at a time.
Birth injuries can be traumatic and life-changing. But they can also be fully compensable under the law. If you suspect that you or your baby suffered harm as a result of medical malpractice, contact an attorney who specializes in birth injuries and/or medical malpractice as soon as possible.
