A birth injury lawsuit is a legal action that allows families affected by congenital disabilities to obtain compensation. Usually, such a lawsuit is filed against healthcare professionals who carry out the delivery processes, such as nurses, doctors, and anyone responsible for a child’s injury.
While a childbirth injury lawsuit is different from a personal injury lawsuit, many courts have awarded millions of dollars in compensation money to cover therapy, medication, surgery, and other care costs associated with treating a child suffering from congenital disabilities. After all, caring for a child with such disabilities can be pretty expensive. In fact, according to the CDC, the care costs for children suffering from childbirth injuries are around ten to twenty-six times more than those without the condition. That said, most lawsuits follow the same procedure. And today, we will share a step-by-step guide on how individuals can professionally file a childbirth lawsuit. So, without further ado, some of these steps are listed below.
1. Hire A Competent Birth Injury Attorney Or Law Firm.
When you consider filing a birth injury lawsuit against the negligent party, the first thing to do is hire a competent medical birth injury lawyer or attorney. Your lawyer will help you build a case against the nurses, doctors, or other healthcare professionals who caused injuries while delivering your child.
As your lawyer or law firm already knows what steps to take to ensure you receive the compensation you’re due, they will do everything in their power to ensure you get the help you require. Moreover, hiring a birth injury law firm or attorney will ensure that your and your child’s rights remain protected while you provide proper care to your child. They will also take care of everything involved in the legal process, from witness statements to legal paperwork to everything in between.
2. Issue A Demand Letter
Your attorney or law firm will try to contact the responsible party for compensation before formally filing a case against them. Such a thing is known as a demand letter. It usually explains why you believe that the healthcare professionals responsible for the delivery process caused injuries to your child and the amount of compensation you will need. A demand letter is usually helpful if the healthcare professional responsible for the birth injuries agrees to your terms. If this happens, you can avoid filing a lawsuit altogether. How, if they disagree, a case will be your only option to obtain compensation for your losses.
3. Gather Evidence
Before you can file a formal lawsuit in court, you will need to gather evidence to back your claims. Therefore, your legal team will try to collect as much evidence as possible to support your claims of birth injuries. In addition, they will conduct an in-depth analysis of your case to ensure your arguments are as strong as possible in court. That said, your legal team must prove that the healthcare professionals failed to uphold their duty of care during the delivery process. To do so, they might gather evidence that includes hospital bills and medical expense reports, medical proof that identifies your child’s injuries, and other related evidence.
4. Consider The Stature Of Limitations
One of the most prominent aspects when filing a medical malpractice or birth injury lawsuit is the statute of limitations. It is a type of law that defines the time limit you have to file a lawsuit in court. That said, the statute of limitations is different for every state. So, it is vital to consult your attorney or law firm to identify the best time to file your claim in court.
However, if you decide to file a lawsuit after the statute of limitation ends, you might not receive the compensation you deserve. In fact, your case might not even see the light of day! Typically, the statute of limitation ranges from one year to four, meaning you must file your lawsuit within one or four years after the injury occurs.
5. Legally Filing Your Lawsuit
Once your legal team gathers evidence and considers the statute of limitations for your particular state, they will file your claim in the appropriate court. Typically they will apply for a case at your state’s clerk’s office. When they file the lawsuit, you and your family will become plaintiffs, while the party you’re suing will become defendants. The court will then process your claim and send a notice to the opposing party. They will have a particular number of days to respond to it. However, if they don’t respond, you will automatically win the case.
If you think that errors and mistakes occurred during the child delivery process, your family might qualify for a birth injury lawsuit. Unfortunately, sometimes, despite the healthcare professionals’ best efforts, injuries are bound to occur. So, it is vital to consult your childbirth attorney or law firm to ensure your claims hold value and you receive compensation for your and your child’s suffering.