Birth Injury Lawsuits

Birth injuries can often be avoided if a child receives proper medical care. If you believe a doctor or other medical professional has harmed your child as a result of a medical error with short-term, long-term or permanent results, it is essential to speak with an experienced lawyer. Parents can work with lawyers to investigate cases and file birth injury lawsuits.

What Is a Birth Injury Lawsuit?

If you believe your doctor or other medical professional showed signs of medical malpractice before, during or after delivery and that their negligence resulted in an injury to your baby, you may be eligible to file a birth injury lawsuit.

A birth injury lawsuit is a legal procedure that holds defendants accountable for their negligence, including doctors involved in birth injury incidents. However, following through with a birth injury lawsuit is a complex undertaking requiring a high level of legal knowledge and experience in birth injury cases.

To ensure the best possible outcome, it is best to seek the advice of a lawyer experienced in medical malpractice specifically involving children, such as cerebral palsy cases. When a birth injury is the result of improper care by a healthcare provider, experienced lawyers can help you get financial compensation to cover the costs of your child’s expenses. Compensation can help pay for the necessary care of your child needs such as therapies, nursing and special care, medications and assistive equipment.

Why File a Birth Injury Lawsuit?

There are many reasons to start a legal investigation in your child’s birth injury case. If you believe that your child has been harmed as a result of malpractice, it is essential that you seek justice and compensation for your child.

Legal recourse not only protects future children and parents from undergoing similar incidents. Financial compensation can also help with medical costs or costs related to the upbringing of your child. The most important goal of a birth injury lawsuit is to make life as comfortable and normal as possible for families affected by birth injuries. Your focus should be on the care of your child, while filing a lawsuit should be the focus of your legal team.

Your birth injury case may be a one-off error that unfortunately occurred, or it may be that your doctor should not be practicing in this field. An experienced lawyer will help determine whether or not you have a legitimate claim and the likeliness that you will win your case.

Many parents worry about getting their doctor in trouble by filing a birth injury lawsuit. However, if you have a legitimate concern, it is important to speak up.

Birth Injury Lawsuit Process

The first step to filing a lawsuit is to contact a lawyer with experience in the field. You will need to provide the lawyer with all the details of your case and why you believe your child was harmed as a result of negligence. A trusted legal team will determine whether there is a case to be made and discuss your options.

Filing a claim is a complex and long process. A lawsuit requires an experienced lawyer to take control of the case to ensure that deadlines are met, the evidence is secure and that you receive the best possible outcome. If the legal team believes there is a case, your lawyer will file a claim on your behalf.

Although every case is different, the general steps involved in filing a claim include:

  • Claim Investigation: gathering initial case details
  • Filing a Claim: filing a complaint against the defendant
  • Discovery: obtaining evidence needed to try the case
  • Settlement: resolution outside of the courts
  • Trial: trying the case in the courts
  • Verdict and Reward: decision to determine if compensation is awarded

Each step is described in more detail below.

Claim Investigation

You can start the claim investigation process by submitting your free legal case review to the Birth Injury Justice Center. Provide all the details about your case, including pregnancy, the series of events before and after birth and your child’s condition throughout this time.

Filing a Claim

Your attorneys will draft and file a legal complaint against the defendant. The court will then issue a schedule for the case. This claim, also referred to as a complaint, will describe how the injury occurred. Filing a claim is the only way to seek financial compensation for a civil wrong against your child

Discovery

An experienced lawyer will understand all of the legal requirements and statute of limitations involved in birth injury cases in your state. After the defendant has submitted their answer, your lawyer will prepare your case, seeking advice from qualified nurses or medical practitioners who can shed light on the issue.

The case may require expert witnesses who must answer questions from the lawyer under oath. Discovery takes place over a predetermined period as set by the court.

Settlement

Not all cases go to trial. If possible, you can resolve the issue outside of court to reduce fees and stress and to save time. To do this, your lawyer will explain what is at stake for the defendant. They will also explain that you may agree to a smaller settlement to avoid having to go to trial.

Your lawyer will be experienced in negotiations and understand which legal course of action to take. If a settlement if not a viable option, the trial will go to court, and a jury will decide on the outcome.

Trial

If a settlement cannot be reached, your case will go to trial. Here, the judge determines which information may be presented to the jury. Your lawyer and the defendant’s lawyer will each present their sides of the case, which the jury will hear and take into account.

Witnesses are generally kept out of the courtroom until required. This helps prevent them from changing their story upon hearing evidence. A court reporter will keep a record of the proceedings to ensure that all testimonies are documented for proof.

Verdict and Reward

Once all evidence has been heard, each side will give their closing arguments to the jury. The jury will then determine whether the defendant is responsible for injuries made to the child and, if so, how much they will be ordered to pay in damages.

If a case is tried without a jury, the judge will decide the outcome. If the judge sides with your case, you will be awarded compensation.

Birth Injury Lawsuit Compensation

It is important to understand how much your case is worth. However, it is tough to predict this until all of the information regarding your case has been collected.

Some factors taken into consideration when determining a compensation amount include:

  • The cost of your child’s medical bills
  • How much income you have lost as a result of the injury (i.e., caring for the child)
  • Whether the injuries are permanent and will require lifelong care
  • Whether the child was disfigured as a result of the malpractice

Each state has a limit on compensation amounts, so it is best to check with your lawyer.

If you have been awarded compensation, it can take between 2 to 6 weeks to complete the settlement process. The insurance company will require you to sign a document. Then, your lawyer will pay any outstanding medical bills from the awarded amount.

From the awarded amount, your lawyers’ fees will be deducted, including any out-of-pocket expenses and other costs associated with the claim. The remaining balance will be given to you as a check, usually in a lump sum, from your attorney’s office.

Contact a Child Birth Injury Lawyer Today

If your child has suffered a birth injury, it is essential to seek legal advice immediately. Always seek help from a law firm with experience in birth injury cases to ensure you are getting the best legal advice possible. They will be able to talk you through how they will handle your case, what the costs will be and how long the process might take.

Contact the Birth Injury Justice Center at 800-914-1562 and get a free case review.

Author:Birth Injury Justice Center
Birth Injury Justice Center

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

Last modified: April 3, 2019

View 4 References
  1. Find Law, “What to Expect - A Lawsuit Chronology”. Retrieved from:https://litigation.findlaw.com/filing-a-lawsuit/what-to-expect-a-lawsuit-chronology.html. Accessed December 21, 2018.
  2. US Courts, “Civil Cases”. Retrieved from: http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases. Accessed December 21, 2018.
  3. Find Law, “Questions and Answers About Your Personal Injury Case”. Retrieved from: https://injury.findlaw.com/accident-injury-law/questions-and-answers-about-your-personal-injury-case.html. Accessed December 21, 2018.
  4. LexisNexis, “New Attorney's Guide to the Steps in a Lawsuit”. Retrieved from: https://www.lexisnexis.com/legalnewsroom/lexis-hub/b/how-to-build-your-professional-skills/posts/new-attorney_2700_s-guide-to-the-steps-in-a-lawsuit. Accessed December 21, 2018.

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