What You Should Know About Birth Injury Lawsuits
Out of every 1000 babies born in the United States, at least 6 to 8 of them sustain a birth injury. This translates to approximately one out of roughly seven thousand people. With such a high number of injuries, it is vital to know what to do should your child sustain a birth injury.
If you believe your child sustained a birth injury, talk to a birth injury lawyer from Wilt and Thompson or any other reputable law firm near you to understand what the law says, the options you have, and how to file a lawsuit.
Read on for all you should know about birth injury lawsuits.
What Is a Birth Injury Lawsuit?
This lawsuit is mainly a way for parents or guardians to get justice and seek compensation for their child who was harmed by a midwife or doctor’s mistake during childbirth. Some birth injuries, such as cerebral palsy, require long-term treatment, which can be quite costly.
Whether mental, developmental, physical, or behavioral, an injury may require surgeries, medications, and therapies. A successful lawsuit and settlement can help parents give their children the best medical attention and care they need to grow.
Proving Negligence in a Birth Injury Lawsuit
To have a valid claim, the plaintiff must prove that the medical provider was negligent and their actions caused the baby harm. There has to be a direct connection between the malpractice and the child’s injuries.
For example, suppose the injury was caused by prolonged labor. In that case, the doctor can be held liable if they failed to realize the complication and perform a Cesarean section to mitigate the risks and avoid the injury.
If the doctor used forceps during delivery and squeezed the baby’s head too hard, they can also be held liable. Several other mistakes can happen during childbirth. Your birth injury lawyer must prove that the medical professional did not uphold their duty of care and caused the child to suffer.
Why Sue for Birth Injury?
Though one of the main reasons why people sue for birth injury is to get compensated for the economic, non-economic, and, sometimes, punitive damages. The lawsuit also helps to hold the medical provider accountable for their actions.
The lawsuit can help save other children from sustaining birth injuries from a negligent doctor or midwife. Medical professionals have a duty of care to their patients. If they breach their duty of care and cause harm to a patient, they should be held accountable for their actions.
How to File a Birth Injury Lawsuit
To sue the hospital, midwife, or doctor, you should first consult with the best birth injury law firm or lawyer in your area. From learning specifically how to file an umbilical cord birth injury lawsuit to simply getting some advice on what constitutes a birth injury under law, finding the most applicable lawyer’s office is the first step. States have different laws on such lawsuits, and a lawyer from your state will give you the right legal advice as per your state’s laws.
Your lawyer will review the case, investigate the incident and then file a lawsuit. After that, they will gather evidence to prove the claim, use experts to prove negligence, and present all that to the at-fault party.
The at-fault insurance company will also take time to investigate the claim, and if they do not dispute liability, they will make a settlement offer. Birth injury lawsuits are commonly settled out of court. However, if the plaintiff and the defendant cannot agree on a settlement amount, the case will go to trial.
Your attorney will have a chance to present evidence before the judge and jury, who will come up with a settlement award after listening to both sides. The defendant will be required to pay the plaintiff as per the ruling.
Talk to a Birth Injury Lawyer
If you have reason to suspect that your child was harmed at childbirth, you may have a right to sue and claim compensation. To do this, you will need the help of an experienced birth injury lawyer in your area. Get in touch with the right lawyer as soon as possible and fight for your child’s rights.
