Approximately 28,000 babies in the U.S. are born with birth injuries each year. If your child was injured during birth, you might be wondering if you have a case and what to expect if you decide to file a lawsuit.
Birth injuries can have lifelong consequences, and it is important to seek legal help from reputed firms like JSS Justice as soon as possible. This blog post will discuss the steps involved in filing a birth trauma case. In addition, it will talk about the types of damages that may be available to you.
1. Gather Evidence
Your child may experience birth injuries in many ways. Some of them are explained here:
a) If your child was born with a disability, you would need to provide medical records documenting the prenatal care, the delivery, and the postnatal care.
b) If your baby had a traumatic birth, you will need to provide medical records documenting the prenatal care, the delivery, and the postnatal care. You will also need to provide eyewitness accounts of what happened during labor and delivery.
c) If your child was injured during labor or delivery, you must provide medical records documenting the prenatal care, the delivery, and the postnatal care. You will also need to provide eyewitness accounts of what happened during labor and delivery.
d) In case your child dies due to birth injuries, you must provide death certificates and autopsy reports. You will also need to provide medical records documenting the prenatal care, the delivery, and the postnatal care.
You will need to gather evidence to prove that your child’s injuries were caused by medical negligence.
It may include:
-Medical records
-eyewitness accounts
-expert testimony
-photos or videos of the birth injury.
You will also need to show that the healthcare provider breached the standard of care and that this breach resulted in your child’s injuries.
2. Contact an Attorney
Once you have all the documents and paperwork in order, your next step is to contact an attorney specializing in birth trauma cases. Be prepared to discuss your case in detail and provide all your collected documentation.
Your attorney will then likely do one of two things. First, they may choose to represent you and file a lawsuit on your behalf or refer you to another firm they believe is better equipped to handle your case.
Either way, you should feel confident that your attorney is doing everything in their power to help you get the compensation you deserve for your injuries.
Other benefits of hiring an attorney include:
-You won’t have to deal with the insurance company yourself.
-Your attorney will be experienced in birth trauma cases and will know what you should expect.
-You can focus on your recovery while your attorney handles the legal aspects of your case.
3. File a Claim
Lastly, you must file a claim with the at-fault party’s insurance company. It is generally the hospital’s insurance company if your injury was caused by a doctor or nurse’s mistake. If you are unsure who the at-fault party is, your birth trauma lawyer can help investigate and help you file a case.
Final Thoughts
Whether your child was injured during the birthing process or after, if you believe their injuries were due to medical negligence, it is important to seek legal counsel. An experienced firm like JSS Justice will be able to review your case and help you determine if you have a claim.
