In This Article, We Are Going To Learn Childbirth Injury Lawsuit: Ensures Justice and Compensation.
The whole family was ready to welcome a healthy baby. However, the delivery process ends up with severe malpractice of the doctor on duty and the baby born with severe birth injuries. There is no way to lessen the pain and suffering.
No one expects it; however, this unexpected happens in numerous labor and delivery cases. Now what to do to compensate for your personal and financial losses?
Childbirth Injury Lawsuit
Childbirth Injury Lawsuit will be the best option to ensure you get justice for maltreatment and compensation for the financial burden. In July 2019, a family in Maryland received $205-million as a settlement. Their newborn had a severe brain injury due to medical malpractice.
Childbirth Injury Lawsuit Process
The birth injury lawsuit process is long; however, they are always beneficial if you can present the case firmly. Hire a competent attorney for birth injury. Make sure the attorney or law firm has enough experience in lawsuits against medical professionals and institutions.
1. Demand Letter to the Medical Institute
The first step to file a birth injury lawsuit process is to send a demand letter to the doctors in question. You and birth injury lawyers can use a birth injury compensation calculator to calculate the compensation amount and file a claim.
The letter should include why you think the doctor or medical care professional is responsible for the birth injury. Besides, it should include how much compensation you want for your child with birth trauma.
2. Develop the Case
If the doctor or the hospital rejects the letter and denies it is a result of medical negligence, your attorney for birth injury will prepare for a formal lawsuit.
The attorney will start to gather pieces of evidence and facts to develop a strong claim for you.
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3. File a Lawsuit
Now is the time to file the suit in an appropriate court of law. The family whose baby suffers a birth injury becomes a plaintiff, and the responsible doctors and medical professionals become the defendant in the suit.
4. Evidence & Fact-Finding
This is an essential part of the birth injury lawsuit process. After the defendants respond, it is your job to gather evidence and facts to prove the labor and delivery were medically negligent.
In birth injury lawsuit articles or birth injury lawsuit blogs, you may find a long list of evidence. However, the following will surely enhance your case.
- Testimonials from your family members, other medical experts, and off course you
- Hospital bills and other expenditures
- Medical evidence specifying the types of birth injury
- Any relevant documents that will make your claim stronger
5. Settlement Negotiation
In this stage, both plaintiffs and defendants meet and try to come to a settlement through negotiations. A settlement and a legal agreement that resolves the dispute among the sides.
An average birth injury settlement time is quick. Most of the attorneys for birth injury prefer to conclude the birth injury lawsuit process through settlement. There is no winning or losing side in this process.
6. Trial & Appeal
If birth injury lawsuits do not resolve through settlement, they proceed to trials. As a plaintiff, trials are like two-sided swords. You can either get more than your claimed compensation or end up getting nothing.
It is always best to consult with a professional attorney for birth injury before you decide anything.
Why Should You File a Childbirth Injury Lawsuit
Birth injury definition covers a wide range of physical damages during labor and delivery. The most common birth injuries are related to brain damages due to the lack of oxygen. Thus, you will found
- Cerebral Palsy
- Brachial Plexus Injury
- Skull Fracture
- Damage to Nerve and Spinal Cord
A Childbirth Injury Lawsuit will help you in three ways
1. Medical and Rehabilitation Expense Coverage
The settlement compensation will help you to continue the medical treatment and rehabilitation program for the injured child.
The CDC, aka, Centers for Disease Control and Prevention, says the health care costs 10-26 times more for a Cerebral Palsy patient. Thus, the money will help you to bear the cost.
2. Justice for Medical Negligence
The lawsuit will ensure justice for the plaintiff family and will hold the medical professionals responsible. It may not fulfill your loss; however, you will feel that justice has been served.
3. Prevention of Childbirth Injury
The childbirth injury lawsuit will make the families and the doctors about the outcome of any medical malpractice. This makes them more focused on patient safety.
Those who are looking for a solution to the birth injury of any loved ones will realize there is a way to resolve it.
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Birth Injury Statute of Limitations
The statute of limitations for a childbirth injury lawsuit varies in different states. However, it is better to file a claim a few years from the date of type injury.
If you cross the statute of limitations, you cannot file a suit though you have a valid case.
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Nothing can fill the loss when you have a newborn family member with a traumatic birth injury. However, the childbirth injury lawsuit will at least console you with the compensation to take care of the child properly.
We Have Learnt Childbirth Injury Lawsuit: Ensures Justice and Compensation