Birth injuries are medical complications that occur in babies after birth due to a painful birthing procedure or medical negligence.
Studies in the United States show that 0.6 percent of newborns suffer from serious birth injuries every year.
Some birth injuries heal on their own over time without requiring any treatment. While others are more serious and will require medical intervention.
These injuries, in some cases, lead to permanent medical conditions that the child has to live with for life.
When a birth injury has been identified, it is followed up with hospital visits. The child has to undergo many different treatments. Doctors seek to repair the damage that has been done through surgery.
Therapy is usually required to aid function in the affected limbs. The child learns ways to cope with physical limitations brought on by the injury.
Your child may end up needing therapy for the rest of his/her life. Treatments put the family of the child under immense financial strain, on top of the emotional turmoil that comes with having a sick child.
If your family has undergone such a predicament due to your medical provider’s negligence, you need to contact a legal advocate to find help so that you can get justice for your child.
A lawyer will offer his legal advice about what to do and help you file a lawsuit against the people responsible.
However, before making a decision, it is important you understand birth injury lawsuits and how they work because knowing about them can help you alleviate a lot of the anxiety parents experience during the process.
Following is a walkthrough of the whole procedure, so you know what to expect.
Filing a birth injury lawsuit
Before filing the lawsuit, your lawyer will conduct an investigation to figure out what exactly happened. They will get in touch with the medical staff and conduct interviews. Your lawyer will also demand that your medical provider show the medical records related to your child’s injury.
They will then proceed to enlisting expert medical opinion, usually a different OB/GYN, so they can decide if medical negligence can be proven.
If your lawyer thinks that a case could be pursued, they will file for the lawsuit.
The first step in the lawsuit filing involves submitting a written complaint at the Circuit Court, stating all the facts pertaining to the case and the claim against the defendant.
The defendant will then have 30 days to submit their plea, where they will admit to or deny the allegations.
In case, the provider denies the allegations, the case moves on to the discovery phase.
The discovery phase
In this phase, both parties attempt to gather evidence and information. Usually, they’ll ask each other to produce documents that could help decide the case.
These documents include RPDs (Requests for Production of Documents), written questions (interrogatories), and depositions.
In birth injury cases, the discovery phase can last from 16 months to as long as 30 months, though the trial judge sets the schedule and deadlines to keep the case moving.
As parents of the injured child, you will most likely be asked to depose in front of a jury. The legal teams on both sides may involve input from the experts as well.
Going to trial
This is the final phase of the birth injury lawsuit that will last for at least 2 weeks but can also take longer.
You will have to stand and testify in court as to the validity of your claims. Medical experts will also be called to stand and offer their informed opinions on the matter.
Reaching a settlement
But it doesn’t even have to go to trial. Very few cases actually end up going to trial after the discovery phase.
In fact, about 85 to 88 percent of birth injury cases end in out-of-court settlements.
Most settlements occur when the discovery phase ends and the trial is yet to begin.
Interestingly, many settlements are reached on the night of the trial.
Given the task of proving and disproving a case against someone is hard work and the result, as stated above, is unpredictable.
Medical providers accused of negligence prefer to settle cases out of court because they want to avoid the negative publicity that comes with a trial.
Moreover, trials can be extremely expensive and time-consuming for the claimants as well.
It is actually advised to reach a remunerative settlement agreement with the medical providers instead of pursuing litigation in the court.
You could end up getting nothing if the jury decides your case. But, with a settlement, you are bound to gain something out of your tough ordeal.
Legal cases take time and effort to build. You could get embroiled in intricacies of the case, leaving you with little time to take care of your child and its medical needs.
Moreover, under less fortunate circumstances, you risk not only losing your right to claim compensation but you also might end up owing money to the defendant when the jury decides that the medical team was wrongfully accused.
A settlement, on the other hand, is a much faster form of compensation, with zero risk. A study from the TDC Group states that the average payout for injuries sustained by children under 1 month of age is approximately a million dollars.
You can use the money to pay for any treatment your child needs and secure a better future for them.
Conclusion
Birth injuries can have serious and far-reaching consequences for the affected child. If you suspect that your child’s birth injury occurred due to the negligence of the medical staff, reach out to a lawyer and find out how you can file for a birth injury lawsuit. Your lawyer will gather all the documents required and file your case in the circuit court. The discovery phase will require you to be deposed and provide any documents needed for the trial. The trial will then go to the court where a jury will decide the outcome based on evidence presented by both the legal teams. However, you can also choose to settle the matter outside the court to save time and money. If a just settlement is reached between the two parties, you can use the compensation to get your child the treatment they need to recover from their condition.
