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Birth Injuries To Baby: What You Could Do About It Legally (Guest Post)

Disclaimer: the following information presented in this article serves only as a general guideline as to what one may experience legally following birth injuries to a baby. If you have further questions, need clarification, or find yourself in this unfortunate situation, it is recommended that you seek the services of an attorney familiar with these types of cases.

Having a baby is one of the most beautiful things in the world. No words can describe the feeling you’d get when you first hold your baby in your arms. However, all your dreams and aspirations for your child would get crushed if you’d find out that he/she is ill-equipped for the rest of his/her life. And to make things worse, you’ll discover that this is caused by someone who you trusted to deliver your child safely into this world. But, there’s no point in letting yourself become devoured by heartache and sorrow. Instead, you should get up and fight for your baby who can’t.

So, what could you do about your child’s birth injury legally?

1. Gather information.

You need to gather information as this can help you file your case and claim for compensation.

The information you should gather:

  • About your healthcare provider (if there are any previous lawsuits against him/her)
  • Names, phone numbers, and addresses of people present during your delivery
  • Medical procedures performed on you (such as ultrasound and maternal serum tests)
  • Medications you took before and after conceiving (if there are any)
  • Medical devices used

Make sure to keep all of this information. Don’t show this to anyone, unless your lawyer tells you to do so.

2. Get a second opinion.

As soon as you noticed your baby’s injury, you should immediately have him/her checked. Go to a different pediatrician, to make sure that you get an unbiased opinion. Ask him/her what’s wrong with your baby and if there’s something that you can do to correct it.

Make sure to take down notes of everything that the physician tells you, as you can use this evidence later on.

3. Hire a birth injury lawyer.

Look for a lawyer who can help you file for compensation for your child. He/she must be experienced in these kinds of cases.

Your lawyer can help you recover for the following damages:

  • Medical expenses
  • Physical and emotional distress
  • Healthcare costs
  • Loss of companionship and enjoyment
  • Lost wages

You should remember that when talking to your lawyer, you should be honest at all times. Show him/her every piece of evidence you have and information you’ve gathered.

4. File your notice of intent to sue.

If you’re filing a lawsuit against anyone, you would be required to file a Notice of Intent to File a Lawsuit first. This will give you and the defendant a chance to reconcile the case without the involvement of the court.

You should remember to send this to your defendant before filing your case. If you fail to do this, there’ll be a chance that your lawsuit will be dismissed.

5. Complete your complaint.

Make sure your lawyer assesses your case critically. He/she should help you figure out what claims you can file for and will also help you draft the complaint that you can use to file the lawsuit. He/she should also make sure that you understand the case and what you think the court should do.

The complaint will identify:

  • You (the complainant)
  • Your doctor/health practitioner (the defendant)
  • Your doctor’s insurance company
  • Hospital or facility that you’re suing
  • Your allegations
  • Facts that make you entitled to monetary damages
  • Legal theory which proves that you’re qualified to the costs
  • List of the losses that resulted from your doctor’s negligence or actions

6. Make sure your complaint is delivered.

You should remember to deliver your complaint to the defendant/defendants after you’ve filed the complaint. Make sure that your doctor, your doctor’s insurance company and other health providers involved have the copy of the complaint. This will ensure that the defendant/defendants are well aware of the charge and have the opportunity to respond.

7. Wait for your defendant/defendants’ response.

Usually, the defendants will counter your complaint and file a motion to dismiss it. You shouldn’t be surprised if they do this, as this is part of the litigation process. However, if your case is secure and your evidence is complete, your lawsuit should survive.

8. Get ready for the settlement.

After your lawsuit survives the motion to dismiss, the defendant/defendants will try to offer you a settlement. When this happens, you have to consult your lawyer before deciding on what to do next. Ask your lawyer how much would put your child’s best interest forward. You can also ask other doctors for help. The doctor can help you understand the total costs that you will most likely face as your child grows up.

9. Be prepared for the trial.

If you and the defendant/defendants are unable to resolve the case through settlement, the next step is presenting your case to the court and prepare for a trial.

Be sure to attend the trial, and have your completed documents ready. Never forget to always be in contact with your lawyer, as he/she will be able to guide you throughout the process.

During this process, you should never forget the reason why you are fighting: your baby. Though no amount of compensation can ever pay for what your baby is going through, you should still put your baby’s welfare on top. And remember that you’re also doing this for others, so that they may never go through what you’re going through right now.

Dianna Charles

Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.

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1 comment

  1. Luckily I've never had an injury to any of my babies, and since there won't be anymore, I won't have to worry about this. However, there are many out there who may need this info and hopefully it will help them and give them some insight into what their legal options are.


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