How to Take Action Against a Negligently Caused Birth Injury

Modern medical science has advanced quite a bit. These days, it’s practically unheard of for mothers to die during childbirth, and injuries for newborn babies are relatively rare.

However, sometimes, mothers and babies are unfortunate enough to suffer birth injuries, and in some cases, those injuries are a direct result of negligence at the hands of medical professionals responsible for overseeing the process. If you or your baby were the victim of a negligently caused injury, you’ll likely be entitled to compensation.

So how do you take action?

The Potential Harm of Birth Injuries

Birth injuries range from mild to severe. Minor injuries usually heal on their own and don’t result in long-term complications, but there are some types of birth injuries that lead to severe impairments and lifelong disabilities.

If the birth injury was caused by negligence, the parties and institutions responsible for that negligence will be responsible for compensating you for all expenses related to that injury. In some cases, the damages can be extreme, accounting for a lifetime of medical expenses, lost wages, and more.

The Role of Negligence

Negligence is a broad concept in tort law, attempting to define a lack of care that leads to legally compensable consequences. There are four elements of negligence, including the establishment of a duty of care, a breach of that duty, actual harm, and causation. Birth injuries are a type of medical malpractice, and medical malpractices are typically evaluated through the negligence standard.

Essentially, if you can show that a reasonable medical provider wouldn’t have made this action or omission, you can prove that the action or omission was not reasonable. If you can also show that this action or omission was the actual and proximate cause of the birth injury, the defendant will be liable for any damages associated with that injury.

Unfortunately, medical malpractice cases like birth injury cases aren’t always easy to prove, especially because we, as a society place great trust in our medical authorities. But with the right legal guidance and a proactive mindset, you can maximize your chances of victory.

How to Take Action Against a Negligently Caused Birth Injury

These are some of the most important steps to take if you suspect that you or your baby is the victim of a negligently caused birth injury:

•       Act quickly. There is likely a statute of limitations that applies to your claim. If you fail to bring a claim before this statute of limitations expires, you’re going to forfeit your right to collect damages. Accordingly, it’s in your best interest to act as quickly as possible and reach out to a medical malpractice attorney right away.
•       Talk to an attorney. The sooner you talk to an attorney, the better. Your lawyer is going to help you understand your legal situation, the options in front of you, and the most important steps to follow next. They can guide you on your legal strategy, provide you with the resources and assistance you need, and represent you in negotiations and at trial.
•       Start gathering evidence. Your lawyer will help you gather evidence and investigate the claim, but you’ll likely have some work to do on your end. Write down everything you can remember, take photos and videos when relevant, and gather all forms of evidence that could help your case, like invoices and receipts.
•       Get a second medical opinion. In many birth injury cases, it pays to get a second medical opinion. Another medical expert can testify to other the responsible party was reasonable in their actions or omissions.
•       Follow your lawyer’s advice. Trust your lawyer. You hired them to be your advisor, and they’re going to guide you to the best possible outcomes.
•       Remain patient. It’s probably going to take months, if not years to fully resolve your birth injury case. Remain as patient as possible as you navigate these complex waters.
•       Consider an expert witness. Many birth injury cases are best supported with the help of expert witnesses, who can provide credible testimony to strengthen your claim. Ask your lawyer if an expert witness is the right move for your case.
•       Negotiate a settlement. Most birth injury cases are ended through settlement negotiation, long before the case would go to trial. Be ready to negotiate with the other party, and consider exercising patience to improve your negotiating position.

Not all birth injuries are going to be associated with legally compensable damages. However, if you or your baby has suffered a birth injury, it’s a good idea to talk to a lawyer about your potential options. After this initial conversation, you can weigh your options, study the evidence, and determine the best path forward for your needs.