Birth Injury Lawsuits: A Legal Guide To Your Options
Congenital disabilities aren't common in the United States, and statistics show that 6-8 out of 1,000 children in our country suffer birth-related injuries. These injuries drastically affect your family dynamics and the entire family's mental health. What to do when your newborn has suffered from a birth-related injury? First, we'll have to discuss what falls under the term "birth injury" and determine some of the major causes of these injuries. Then we can move on to your legal options, i.e., discussing how people can claim compensation from the guilty party. What are parents' options to seek justice on behalf of the child? Hopefully, you shall be well-equipped with the necessary information to bring a strong lawsuit!
What are birth injuries, and how do they happen?
Birth-related injuries happen when newborns are physically injured during the birthing process. Do they usually happen because of a doctor's negligence? Well, no! Several reasons account for why a baby was injured while being delivered. These injuries mostly affect the newborn, but the mother can occasionally be injured. The intensity of these injuries ranges from bruises, wounds, and short-term damages to broken bones, nerve damage, and permanent disability. How do these injuries take place?
Birth injuries may include large-sized fetuses, misshapen crotches, delayed birth-giving procedures, oxygen deprivation, and many more. Medical malpractice, indubitably, is one of the reasons why congenital disabilities occur. Doctors using tools like vacuum extractors can exert a lot of pressure on babies, leading to dislocated shoulders and sometimes even nerve damage. Parents should think about suing these doctors and using their legal rights. Let's discuss your options in-depth here, shall we?
What are your legal options to seek justice for your baby?
First, speak with groups like the Birth Injury Justice Center to get legal counsel about your situation and how to proceed with the lawsuit. Now, lawyers shall inform you that two sorts of cases are pursued in these scenarios. If parents lose their babies due to a doctor's negligence, they can file what's known as a wrongful death lawsuit. However, if the child survives the ordeal, parents can bring what we describe as a medical malpractice lawsuit. But there are several types of medical malpractice lawsuits:
· Erb's palsy lawsuit
· Cerebral palsy lawsuit
· Birth-related injury lawsuit
So, are these lawsuits common in the United States? A simple Wikipedia search will show that folks file 17,000 lawsuits yearly, and most of these cases end up in a settlement. Well, we'll get to this portion later. First, we shall describe how to pursue this case and seek justice. What legal options do you have to claim compensation from the guilty party? Parents should learn the complete procedure (and it isn't complex, folks!) before taking legal action. So, here's what you'll do:
1. Discover an attorney to take up your case. Search for nearby lawyers, check their reviews online, and ask your family or friends for recommendations.
2. Ensure your eligibility to pursue this lawsuit and meet the lawyer for what we describe as a "free case review." Let attorneys determine if your case has merit before taking legal action.
3. Now, the easy part's over, and the hard part begins. We call it the evidence-gathering part, where parents and their lawyers collect documents to prove that the injury happened because of the doctor's negligence.
4. Search for witnesses who can testify that the congenital disability happened because the doctor was not following the necessary medical procedure. Your lawyer may involve another doctor and issue a "certificate of merit" to prove the guilty party's malpractice.
5. Now, you must file the lawsuit before the statute of limitations expires. Consult your lawyer and learn more about your state's statute of limitations for medical malpractice cases. Usually, these limitations start from the time parents discover the birth injury. So, once the date expires, you can't claim any compensation.
6. After filing the case, you become the plaintiff, and the guilty party is known as the defendant. Now, they have exactly thirty days to respond to your accusations. The failure to respond will result in your victory automatically. However, hardly any doctor makes the mistake of not responding to these lawsuits. So, what happens after they've finally responded?
7. After responding to your lawsuit, both parties enter the discovery phase. Their lawyers and your lawyers shall both collect further evidence. Defendants will attempt to discredit you, and lawyers will argue against your accusations. Your lawyers will prepare you for depositions, and you must learn how to answer other lawyers' questions. This phase can last a few months.
8. In the end, the guilty party will try to settle. Hardly any case goes to court because parents agree to settle. They know that they shall receive nothing if the court rules against them! That's why lawyers may advise you to settle and receive the money necessary to take care of your newborn in the future. Parents can receive anything from less than a million to over 10 million dollars. So, consult with your attorneys and make an informed decision.
Conclusion
We've established that a doctor's negligence may cause birth injuries, and parents can seek justice on the newborn's behalf. Statistics indicate birth-related defects caused over 20% of infant deaths in 2017. So, what legal options do parents have? Well, they can always contact lawyers who are well-experienced in these cases. Gather evidence to support your arguments, file the lawsuit before the statute of limitations expires, and wait for the guilty party to make a settlement offer. Use this money to take care of your newborn since these birth injuries often require children to undergo rehabilitation. So, you can now secure a healthy baby's future and ensure that the child leads a healthy life.