Child Birth Malpractice across the US and Canada
A birth injury occurs during childbirth due to improper delivery of the baby. Because of the medical staff’s negligence could have long-term consequences for both the baby and the parents. The medical procedures could cost the parents a lot. It is a delicate task since the child is a newborn and underdeveloped. If the parents find themselves in such a position, they have a right to sue the doctors to compensate for their loss and damages.
Every 7 out of 1,000 children born in the US suffer a birth injury. Such injuries are easily avoidable due to the doctor and nurses’ negligence.
The new mothers also suffer due to delayed delivery and prolonged labor. If the doctor is not efficient enough to deliver the baby in time, it can lead to a delayed birth. It leads to excessive weight gain in the mother post-delivery and a high body mass index. Studies have shown that around 8% of mothers face delayed births. It also affects the baby since it leads to oxygen deprivation, and the struggle to leave the birth canal can cause stress to the baby.
Questions to ask Your Attorney
Suppose you face any birth injuries or cerebral palsy due to the doctor’s negligence. In that case, you must contact a birth injury attorney, who will guide you through the legal process of filing a birth injury lawsuit against the doctor. If you win, you may get more than the claimed amount if your case is strong. If you lose the case, you may not get anything. However, the chances of losing are far less. The physical damage to the newborn, combined with the life-threatening condition and a highly delicate procedure, poses a risk. A higher risk will get you a higher compensation. Your attorney will guide you in making a solid case. Nevertheless, what questions should you ask your birth injury attorney once you visit them? We are here to help you cover all the legal aspects of filing a birth injury lawsuit.
How Can I File For a Birth Injury Lawsuit?
It is the first question to ask your attorney. They will help you file a lawsuit against the doctor. It typically requires evidence of birth injury and its severity and proof that the doctor was responsible for it.
Your birth injury lawyer will also help you assess the cost of the damage. First, your lawyer will send a legal notice to your doctor’s lawyer, demanding that they pay for the damages. The two lawyers will try to settle the matter outside the court by getting a settlement. If they do not reach a mutual agreement, the case will go to court. The judge will listen to both sides and then declare a verdict. If the case is in your favor, the judge will order the defendant (doctor) to pay compensation to you (plaintiff).
How Do I Build My Case?
When the case goes to court, you will need to build a strong position with your lawyer. To do that effectively, you must provide your lawyer with the following information:
- When, where, and how exactly did the incident occur?
- How many parties are responsible for the injury?
- Could the doctors prevent the birth injury from happening?
Your attorney would require this information to assess the strength of your case. You might also need to provide them with other necessary details about your case. Your lawyer will then take care of the rest. You may even work with your attorney and get involved with building as strong a position as you can. The stronger your case is, the higher your compensation could be.
How Much Compensation Can I Expect?
The compensation amount typically depends on your case. The more severe the injury and a strong case, the higher the compensation. However, different states may cover different compensation amounts. Let us also look at the compensation amount that families received in the past in other states:
- A family in Pennsylvania received $10.4 million for a five-year-old girl with cerebral palsy.
- An Alaskan family received $9 million for a three-year-old boy who fell right after delivery.
- A family in New York City received $8 million for a one-year-old baby who suffered breathing difficulty during birth.
- Due to delayed birth, a Florida family received $7.8 million for a 6-month-old baby.
- A Californian family received $4.25 million for a significant birth injury.
- A New Jersey family received $950,000.
How Much Would Filing a Birth Injury Lawsuit Cost Me?
Filing a birth injury lawsuit will come with a zero cost to you if you win the case. Your settlement will help pay for your lawyer’s or other legal fees. Birth injury lawyers do not take any upfront cost and do not demand payment if you lose the case. Your legal team will only collect a certain percentage of the winning amount from your settlement or lawsuit.
When Should I File for a Birth Injury Lawsuit?
Ideally, you must file a lawsuit as soon as possible. Every US state has a statute of limitations. It places a limit on the time to file a lawsuit. After a significant period has passed that goes beyond the state’s statute of limitations, you may never be able to file a case again. Therefore, contact your birth injury lawyer as soon as possible, and they can tell you what the statute of limitations period is in your state. The statute of limitations differs for medical malpractice. After a significant period, any evidence collected could be useless.
How Long Does a Birth Injury Lawsuit Take?
The timeframe of a lawsuit depends on your specific case. If the lawyers agree to a settlement outside the court, it will not take long. However, in court, there will be a complete investigation. The judge will listen to both sides’ arguments, assess evidence, and then reach a verdict.
Therefore, your lawyer can give you a better idea about the timeframe of your lawsuit as the case progresses.
Medical malpractice can lead to cerebral palsy, Erb’s palsy, delayed birth, and oxygen deprivation. Depending on the treatment cost and the severity of the damage, you can sue the doctor responsible for medical malpractice. Contacting a birth injury lawyer is your best bet. They will guide you through the process and help you get the financial settlement. Keep the statute of limitations of your state in mind, contact your birth injury attorney as soon as possible and help build a strong case against the responsible party.