Birth injuries are very common, but there are legal procures involved if someone is found liable for the injuries. Birth injuries can be categorized as actual injuries or a disease left untreated at the time of birth. These injuries can affect both the mother and the baby. While some injuries can leave mothers inconceivable for life, they can also leave the baby with injuries and disabilities for a lifetime. A lawsuit can help the victims obtain compensation for their losses. Birth injury lawsuit cases can be very complex, and even a minor mistake could result in a loss. This is why it is important for the victims to have a lawyer on their side.
Have a look at the following information if you want to legally resolve the birth injuries sustained by both the baby and mother;
Proving Medical Negligence
You will not be eligible for compensation until you prove medical negligence, just like any other personal injury. In birth injury cases, proving medical negligence is not that difficult, but you must ensure that you get all your questions answered before the medical procedure. From the gynecologist to the caretaker nurse, everyone should be questioned to establish liability.
What to File in the Lawsuit?
Birth injuries can result in a lifetime of disabilities for both the mother and the child, and the party at fault needs to pay compensation. The best way to resolve birth injuries for mothers and babies through legal means. The compensations will involve medical, emotional, and any adaptive equipment that is required for the patient’s care. Moreover, the compensation should also include the cost of future care and any therapies necessary to lead a normal life for the victim.
Statute of Limitation
A critical factor when looking for compensation in birth injury cases is the statute of limitations. If you are looking to serve legal notice, then you must get legal advice from your attorney. For each state, the statute of limitations is different, and only an attorney can guide you through the legal process.
Process of Birth Injury Lawsuit
Following is the procedure and all the documents necessary to file a birth injury lawsuit;
Send Demand Letter
Your attorney will ask you formally before sending in a demand letter what best to include in the demand letter. The demand letter also explains why you believe that the doctor was at fault and why compensation is necessary. This is useful if the doctors agree to the terms since you can get compensation without a trial.
Build a Case
If the demand letter is rejected or is not answered by the defendant, you can proceed with a legal case. An attorney can help you in gathering the evidence necessary to build a strong and water-tight case.
File a Lawsuit
When you file a lawsuit, you become a plaintiff in the case. The court will process the lawsuit, and a formal procedure will start.
Usually, such matters are resolved out of court, where the insurance company of the defendant will contact the plaintiff. A settlement will be negotiated between the parties if no conclusion is met.
If you or anyone you know has suffered from the same, make sure to get compensation from the liable person. The compensation at the time might not seem like a lot, but it could be helpful for both the mother and baby in the future.