Parents who recently had a baby girl or boy, are supposed to be in the midst of the happiest days of their lives. Devastatingly, not every parent gets to experience this immediate joy, since there are situations where a baby suffers a birth injury due to negligent medical staff. A birth injury attorney often tells prospective clients, if you have a suspicion that something wasn’t quite right with your delivery which resulted in a birth injury, then now is the time to obtain legal help.
When to Contact an Attorney
In the event of a birth injury incident, it is in the best interest of both parents and their new baby to get an attorney as quickly as possible. Every state has a statute of limitations regarding birth injury cases, so you probably only have a specific period of time to file a lawsuit. If your time limit expires, then any expenses you accumulate related to taking care of your baby’s birth injury will have to come out of your own pocket. When in doubt, it’s better to contact an attorney right away than to wait too long and realize you had a strong case for compensation but took too long to come forward.
Elements of a Birth Injury Lawsuit
If you are interested in taking legal action against the doctor, personnel, or facility for the birth injury, then there are a few elements of your case that have to be true in order for it to stand in court. Firstly, your baby’s injury must have been a direct consequence of a breach of care or medical negligence. For instance, perhaps the doctor who handled your delivery had failed to abide by protocol, which caused the baby to suffer an injury or illness. Secondly, oversight or mistake must have led to quantifiable damages. An attorney can evaluate your case and let you know what types of damages you may be eligible to receive.
Pursuing a Settlement
An attorney can help you file and prepare for a lawsuit against those responsible for your baby’s birth injury. We can also investigate further into the situation in hopes of uncovering key evidence in support of your case. We strongly advise not contacting the hospital about the birth injury, at least initially. The hospital may try to eliminate proof or destroy paperwork in order to hide the mistake shortly after the incident, especially if they are worried about the risk of paying a settlement to the parents. A member of our legal team can help you collect a settlement for the following damages:
- Medical costs
- Current and future care expenses
- Pain and suffering
- Wrongful death
- Loss of earnings
The time to act on a birth injury lawsuit is now. So please don’t hesitate to get legal advice today by calling us to speak with an attorney today.
Thank you to the experts at MartinWren, P.C. for their input into birth injuries and the law.