A childbirth injury happens when your infant is traumatized either before, during, or after the delivery procedure. There maybe be differences in severity between different delivery injuries. These problems, nevertheless, can occasionally be fatal.
Despite this, birth injuries typically heal on their own as your child grows and don’t need much medical attention. However, to guarantee that your child lives a happy, meaningful life, serious birth injuries may require specialized treatment and counseling.
However, were your child’s injuries the outcome of medical malpractice brought on by the carelessness of a physician or medical facility? If so, you might be qualified to pursue your claim in court to get paid for the harm or damages you caused.
Despite this, medical malpractice is uncommon. It negatively affects your emotions and finances too. So, with that in mind, here are a few things you can do to make your claim legally strong!
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Hire A Reputable Childbirth Injury Lawyer
A medical negligence lawsuit is typically a complex, drawn-out process that takes time. In fact, most are hardly ever highlighted. If yours wasn’t, it’s time to get support for your case by gathering as much evidence as possible.
Ultimately, healthcare professionals must respect standards of care. But if they fail, the matter should be handled correctly. For instance, if your child suffers from Erb’s palsy due to medical negligence, your best bet is to hire a reputable Erb’s palsy lawyer to ensure proper legal representation and claim compensation for the negligent party.
Additionally, ensure the lawyer you choose is accredited by The American Board of Professional Liability Attorneys (ABPLA).
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Gather Evidence
You must collect proof that shows your doctors violated their duty of care to establish your claim of medical negligence. These include medical specialists who are prepared to testify in court, records of medical procedures, doctor’s notes, and other documents supporting your childbirth injury claim.
For instance, if your doctor misdiagnosed your child’s condition and treated them for a different medical condition, the testimony of nurses and other medical personnel present at the time will be precious to support your childbirth injury lawsuit in court.
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Don’t Forget About the Statute of Limitations
If you’ve determined that suing for medical malpractice is your only choice, think about doing it before the statute of limitations expires. The amount of time you have to submit your lawsuit after being injured is typically governed by this statute of limitations.
For instance, Florida law mandates that you register your claim within four years of the damage to be eligible for compensation after suffering an injury due to the healthcare professional’s carelessness.
However, if you don’t file your claim within the rules of the statute of limitations, the judge might not even consider your lawsuit. So, contact your attorney to find out about the statute of limitations for your particular state.
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Contact The Healthcare Professional Involved in Your Child’s Injury
Before bringing a claim against the medical expert who caused the childbirth injury, it is vital to get in touch with them. This is usually done by issuing a demand letter to the healthcare professional who performed the delivery.
It often states your reasoning for believing that the medical personnel in charge of the birth process injured your child and how much money you will require in damages.
Doing this will allow you to reach a mutually agreeable resolution without dealing with court hassles. In addition, the medical expert will explain what went wrong, allowing them to make amends.
Additionally, if you file a childbirth injury lawsuit in court, you might say that you tried to get in touch with the medical expert to address it but had no success. In fact, most medical practitioners will agree to undertake remedial procedures to protect their reputations and avoid spending time in court.
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Get in Touch with Your State’s Medical Board
You must get in touch with your state’s medical board if you don’t see any improvement after speaking with the medical expert who caused your child’s injury.
Of course, they may not be able to request that the participating healthcare provider fix the problem, which is a shame. However, to stop other children from having the same unfortunate experience as yours, they will take strict actions and revoke the medical license of the healthcare professional involved.
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Identify the Extent of the Injury
Sadly, major childbirth injuries can have long-term aftereffects. On the other hand, less serious birth injuries frequently don’t have long-term consequences. Whatever the case, birth injuries require ongoing treatment that costs thousands of dollars. Having said that, you must assess the extent of your child’s injury before filing a childbirth injury lawsuit for compensation.
For instance, your best option is to file a childbirth injury case if your spouse gave birth to a child and the child was injured during delivery due to your doctor’s carelessness. Ultimately, a birth injury lawyer can help you assess the severity of the injuries and maximize the compensation you receive from your claim.
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Consider an Out-of-Court Settlement
The opposing party will generally contact you to attempt and settle the dispute before the two parties appear in court. You can terminate any legal action against the other party by agreeing on a settlement amount with them.
While using such a strategy will work in your favor, the other side will try to take advantage of you by being unjust. So, it seems sensible to wait until you receive a reasonable offer. However, your matter will go to trial if you cannot agree.
The Final Words
It makes sense that you would have many questions if your child was diagnosed with a birth injury. How will you raise the standard of living for your child? How will you pay for your child’s treatment and specialist equipment? But the most crucial question is, how can you file a lawsuit against the negligent party?
In these circumstances, you have no choice but to work with an experienced birth injury lawyer. After all, these experts will assist you in obtaining the compensation you need to improve your child’s quality of life significantly.