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Getting the news that your baby has a disability due to a birth injury is life-changing for the family and the child. Disabilities caused by birth injuries have lifelong consequences. Children develop permanent weaknesses in their bodies and may have issues walking, talking, and leading a normal life. So, birth injury is not something that you can ignore easily.
Medical professionals working on your case are responsible for ensuring the safe delivery of your child, and they must adhere to the highest standards of care to avoid any mishap from occurring. If the injury is the direct result of negligence on the part of doctors, nurses, or any other medical professional, in that case, you can hold them responsible for their lapse in service. It requires a legal proceeding where you file a birth injury lawsuit against the responsible people and organizations. As a result, you get compensation to pay for the medical bills of your child’s birth injury.
Once you decide to file a claim against the wrongdoers, there are some dos and don’ts that you must consider to be successful in your lawsuit.
Do’s of a birth injury lawsuit
Hire an attorney
The first thing to do is to hire a competent attorney. Hiring an experienced attorney is essential to compile all the documents and make a complaint in court. The statute of limitation gives you approximately two years to file the claim from the time of diagnosis. So, you have ample time to find the right lawyer. If your child’s injury has resulted in cerebral palsy, then make sure the attorney you hire has experience filing a cerebral palsy lawsuit because it requires expertise in investigating the incident and discovering evidence of medical negligence. The same is true for similar birth injures, such as Erb’s palsy. If your child’s injury leads to Erb’s palsy, find a lawyer with experience filing Erb’s palsy cases. The more time your lawyer has spent on the courtroom floor, the more capable he will be in gathering sufficient evidence, taking the trial to court, and securing suitable compensation.
Gather all the medical proofs
The attorney needs all the medical documents related to the birth to prove your eligibility to get the compensation. The information will extrapolate that the injury to your child was indeed because of medical negligence of the staff. The law firm or any independently hired lawyer will get all the documents from the hospital. They may conduct depositions and take witness statements. They will also contact the rehabilitation centers or personal physicians you approached for your child’s treatment to be sure. All this data will strengthen your case in front of the court jury.
Make the list of all the medical providers
Recall and jot down the names of all the medical professionals in the labor room or those you worked with. It will help you organize all the information. Your attorney can follow up on your leads to get more information.
Obtain the marriage and birth certificate
You have to get your baby’s birth certificate and your marriage certificate. These documents prove that the claimants are related to each other. Before filing and settling the claim, you must provide your legal advisor with such official documents.
Do not
Never publicize your case
Never blog about or give the details of your case on social media. You might be doing this to rally support for your case or calling out the negligence of the doctors, but this can seriously hurt the case. It is one of the most common mistakes that claimants make.
Defendants or defense attorneys can use anything you write or discuss through blogs, email, or other means against you in court. Comments made on social media can discredit your case when defense attorneys dig for more information. Many people are unsure about what to write and avoid on social media. In reality, a simple remark, “doing well after the injury,” can damage the strength of your case. You might be tempted to share the details with your friends and family, but posting any detail of the ongoing treatment or case can be detrimental.
Don’t vent your anger on the service providers
When you learn about any injury to your child, especially through medical negligence, often it isn’t easy to contain your emotions, and you may want to vent your anger. However, any correspondence with the providers through email or a verbal spat can undermine the integrity of your case.
Do not mark the medical documents
The medical records are essential to prove your case. They should have all the details clearly visible and intact. Therefore, do not mark anything or deface any detail with markers or highlighters as it can render the evidence unacceptable. If necessary, you can communicate with the lawyer through sticky notes.
Do not miss your doctor’s appointment
Just as you will scrutinize the responsible medical services practices, defendants will also observe your actions as parents or plaintiffs. So be careful about everything you do. Do not miss your appointments with your child’s doctor and properly follow your doctor’s instructions. If the judge doubts your commitment to attend the doctor’s appointments, they may be reluctant to award compensation for future medical damages. Your minor negligence can cost you your case.
Conclusion
A birth injury claim is very important for ensuring your child gets the best treatment. The compensation will fund all medical expenditures, including in-house therapies. Therefore, one must be very careful when filing a medical negligence lawsuit. A small unintentional mistake can be detrimental to the success of your case. Always stay in contact with your attorney and discuss everything before taking action.
