What to Consider When Filing a Birth Injury Lawsuit
Birth injury always presents a serious matter for parents regardless if it is small like a bruise on a baby’s skin or a severe injury like cerebral palsy that can leave a newborn disabled for a lifetime. If your loved one or you suffered a birth injury due to a medical malpractice, consider filing a birth injury lawsuit.
Some parents do not take legal action to not make the situation uncomfortable with their physician. Wrong! That “dangerous” physician will be free to hurt other children as well.
Here’s what you need to know before taking any legal action.
What’s the First Step?
Get some help and do not waste any time if you are suspecting your baby has a birth injury. This is particularly important when it comes to time-sensitive birth injuries. The longer you wait, the things get worse. Do the thorough research in order to find the best lawyers experienced in medical malpractice cases. Check out colleran.com if you are looking for a lawyer in Pennsylvania or New Jersey.
How Long Will a Trial Take?
A trial may take years in some cases. That mainly depends on what documentation you have gathered and what type of injury your baby has. It will significantly speed up your case if you have documented numerous hard facts through paperwork. On the other hand, your case will take a lot of time if you have just a couple of witnesses that rely on the fallibility of memory in the judicial process. Also, keep in mind that more severe injuries generally take more time.
What Documents Do You Need to Collect?
Try to assemble everything you have been given from the medical staff and the hospital involved in your child’s birth injury.
You are advised to also collect and keep paperwork that has nothing to do with the medical personnel blamed for the malpractice. Maybe it will help you prove in court that your pregnancy and your child’s health would otherwise progress normally.
Find out the names of all medical staff that you came across or spoke with. Besides, endeavor to recall how the events exactly happened. When assembling your paperwork, that will complement the factual details.
Do You Need Witnesses?
If you want to engage witnesses in the birth injury case, be sure they will be helpful indeed. A useless witness is a person who thinks that he/she may have heard or seen something but is not quite sure. A useful witness is someone who has heard a doctor admitted to making a mistake. At best, it is a person who has been present in the delivery room in which your child was born to directly see the doctor’s mistake.
If you win your case, you’ll get a certain compensation for the birth injury lawsuit. That amount is supposed to cover physical therapy expenses, medical costs, in-home care costs, as well as expenses for specialized equipment (such as braces, wheelchairs, etc.) if needed.
Maybe you cannot bring back health to your child but you can punish culprits.