How to Sue for a Birth Injury

A lawsuit can be filed when physicians, nurses, healthcare facilities, or other medical providers are negligent and cause a preventable birth injury. Birth injuries can cause many issues; for example, the baby could have brain damage leading to paralysis, trouble walking, or the inability to speak or eat properly. 

The goal of a birth injury lawsuit is to win a financial settlement that will help pay for the newborn’s medical treatment and other losses. Winning a settlement may seem like a small consolation, but the money you may receive gives your child the best chance at a normal life. That’s why you owe it to your family to learn all you can about how to sue for a birth injury.

Birth Injury Lawsuit Steps

The first thing you should do is contact an injury lawyer for a case review, who will help you determine if you’re eligible to file a claim. 

If the birth injury attorney thinks your case is strong enough to hold up in court, they will then calculate the amount of financial damages you’re entitled to. If your child needs lifelong care, the final amount will include money for long-term medical treatment. In the case of wrongful death, your pain and suffering will be taken into consideration.

Following the initial assessment, evidence gathering begins. The goal will be to prove beyond any reasonable doubt that the medical practitioner was negligent. You can do a lot to help yourself at this stage by providing your legal team a detailed account of events prior to, during, and immediately following the baby’s delivery

Once this is complete, personal injury lawyers will officially file suit. The court will then schedule dates for mediation and trial. At this point, the defendants will be notified that they are being sued and for how much, and they’ll typically have thirty days to respond. If they fail to respond, you’ll win your case automatically. 

If the defendants challenge your claim, they will provide their side of the story, explaining why they believe they’re not liable.

The discovery process follows this, and your injury lawyer may ask you for additional documentation. This may require a deep dive into what happened, and medical experts may be asked to provide statements or loved ones may be questioned under oath.

Hold Negligent Doctors Accountable After a Birth Injury

The majority of birth injury lawsuits are settled before going to trial. At this point in the process, you’ll be offered either a financial settlement or a trial date. At trial, a judge will hear both sides and decide if you deserve financial compensation.

Learning how to sue for a birth injury may seem intimidating, but a personal injury lawyer can help. Together, we can make a real attempt at holding negligent parties accountable and help other families who encounter the same reckless medical practitioner in the future. Call the Law Offices of Casey D. Shomo at 561-659-6366, or fill out our online contact form.