Your child’s birth is one of the most momentous occasions in your life. No one parent wants to discard the chance to finally hold their child in their arms. Unfortunately, this unique event can get destroyed by the sheer negligence of the hospital staff while delivering your baby. They may stress the mother while in labor, use excessive force to pull out the baby, or fracture your offspring’s delicate shoulders. There are about 28,000 birth injuries annually in the United States.
Witnessing your child through such a turbulent event is not easy for any parent. But the legal system is here to help. You don’t have to fight alone in getting your child justice. Under no circumstance should you have to pay for the hospital’s apparent misconduct while delivering a baby. So if you’re ready to make your move towards legal entities. Here’s what you need to know:
- Initiating the process
Filing a birth injury claim follows a thorough process. The end goal of any lawyer is to prove the hospital failed to uphold its oath to care for its patients, which resulted in this incident. Your child’s injuries alone cannot stand in court. You need evidence showing the doctor in charge, medical transcripts which declared the baby healthy before birth, and discharge papers which show the injuries sustained at birth.
Additionally, every legal case has a specific statute of limitations which differs at a state level. This is the maximum time you can file a claim, and beyond the stated deadline, your case becomes invalid. All this information is best provided to you by a lawyer, so by visiting the birth injury justice center, you’ll meet a reputable attorney who can help you manage the details of your case. These professionals will guide you on the documents you need to submit, including affidavits that legitimize your claim.
Once your affairs are in order, the attorney will type up your case and submit it. Your documents tell you to stand in court with a robust case. While you’re filing a claim, ask your lawyer for all relevant details, including the cost of suing, the success of the case, and even references to trained doctors to look after your child.
2. Go to trial
Both parties need to state the case to proceed to a legal trial. Once you do your pars to file a claim, you need to wait for the defendant to get back to you. Typically, a court grants the other party about thirty days to submit their answer. This can be accepting your claim or denying it. If they file for denial, you can take them to court immediately and initiate the trial. If they accept the claim and wish to defend their institute to prevent the lawsuit from damaging their reputation, the court will give both parties a settlement date.
During this discovery period, you will be heavily involved in building a case with your attorney. You may also need to find a medical professional with court experience who can validate your medical charts. Evidence would include the timeline of the child’s birthdate, the mother’s health, photographs of injuries if the same hospital incurred similar lawsuits, and eyewitnesses. The defense will be doing the same.
3. Receive compensation
When the defendant accepts the charges, it bypasses the need to go to trial. Legally this leads to a settlement process. The defendant has to pay for the distress they caused you, including compensating for the emotional and financial loss you faced because of your child’s injury.
The hospital has to listen to your side of the argument and pay you for the physical therapy your child may need, the counseling you have to go through, the medication costs, and if your child may need to go through special education. However, don’t expect the defendants to give in easily.
A common tactic employed by the guilty is to reduce the money they have to pay or subside a claim that is a non-serious one. But rest assured, if you have a good lawyer, the offending party can’t shake you from asking for your right.
4. Timeline of the proceedings
Trials are long and can be tedious to deal with, but if the defendant refutes the claim, you have no choice but to appear in court. A birth injury lawsuit can last for two months or a year. If the case is complex with multiple parties involved, you should expect a lengthy trial. The proceedings occur in front of a judge and jury. Your lawyer will prove to them that your child was injured during birth by the staff and present all the relevant evidence that backs this claim.
The trial only culminates when both sides have made closing statements and are ready for the verdict. If the jury finds your proof enough to prove malpractice, you win the trial and will receive a carefully calculated compensation ordained by the judge. This may be higher than the money you best from a settlement case. While the defendant has a right to appeal and ask for another trial, the court gets to decide that.
Birth injuries are a terrible ordeal. There is nothing more painful than witnessing your child’s fragile body suffer because of negligence as a parent. A hospital’s staff’s responsibility is to protect and look after you well, including safely delivering your baby. Failure to accomplish this task deserves a walk down the legal aisle. A well-established attorney will help you get your due claim.
These professionals will inform you about the filing process and fight for you in court or settle on a price based on the defendant’s response. While the process may sound daunting, it is only suitable since it will help you get the money you need to look after your child’s new condition. Whenever you’re in a difficult situation, let justice empower you.