The birth of a newborn is a joyous celebration for parents and close families. But it takes no time to turn into a heartbreaking experience when families realize their new addition has faced birth injury due to medical malpractice. A CDC report shows that more than 20,000 babies in the U.S. expire at birth.
The only way to compensate parents for this harm is to file a birth injury claim. However, the legal process to file a claim may seem overwhelming for parents and families. But you cannot skip this scope to secure justice and compensation for the wrongdoing.
So how to do it? Stick to this blog to help understand the rights of the families affected and take action effectively.
What are Birth Injuries and Medical Malpractice?
Medical negligence during labor, delivery, or prenatal care can result in birth injuries. Common injuries include cerebral palsy, Erb’s palsy, Horner’s syndrome, seizures, neonatal sepsis, jaundice, infant Bell’s palsy, broken bones, infant strokes, lacerations, anemia, skull fractures, and more. Recognizing medical malpractice involves proving that healthcare providers deviated from the standard rules of care for the baby or mother.
How to Assess Eligibility for a Birth Injury Claim?
While you must not delay applying for the claim, you must determine if the birth injury resulted from negligence on the healthcare provider’s part before you proceed further. Signs that show birth injury are:
- Compromised monitoring during labor
- Delayed treatment or surgery
- Wrong medicines
How to Document the Evidence?
Similar to other legal issues, parents or families need to apply for the claim with strong evidence. The proof is critical for a successful medical malpractice claim. Families must apply for the claim with the following:
- Medical records for both the mother and child
- Test results and diagnostic reports
- Witness statements from medical staff or family members present
- Detailed notes about how the injury impacts your child’s quality of life
Filing the Claim Within Statutes of Limitations
50 states in the U.S. follow different medical malpractice laws. Arizona imposes a strict time limit (2 years) for filing medical malpractice claims. However, you might receive additional time to apply for a birth injury claim if the child is underage. Missing deadlines can result in losing your right to compensation for the malpractice.
Working with a Birth Injury Attorney
The first step to apply for a birth injury claim is contacting an attorney specializing in birth injury legal claims. Only a specialist can guide you through the process. The lawyer usually handles:
- Case evaluation and evidence gathering
- Negotiations with insurance companies
- Filing the lawsuit and representing you in court, if necessary
Pursuing Compensation for Damages
Compensation in birth injury cases can range from:
- Medical expenses for the kid’s treatments, therapies, and surgeries
- Future care costs for disabilities or current health conditions
- Pain and suffering from the injury
- Loss of income of a parent if someone stops working to care for the child
Filing a medical malpractice claim for birth injuries is a vital step toward justice and financial stability. Take quick action to ensure accountability for negligent healthcare providers and help secure a better future for your child.
If your family is dealing with a birth injury, contact a birth injury attorney today for a consultation.