The Process of Filing a Birth Injury Claim: A Step-by-Step Guide

Birth injuries are often the basis of medical malpractice lawsuits. When an injury takes place during the birth of a child, birth injury lawsuits are intended to provide justice and financial compensation to aggrieved families and their children who were injured due to medical negligence. In other words, when a medical professional fails to uphold the standard of care at some point prior to, during, or shortly after the birthing process and it results in an injury to the child or mother, that family may be eligible for compensation.

When Should I Consider a Birth Injury Lawsuit?

When a physician, nurse, midwife, or other member of your birthing team fails to respond appropriately to an event that occurs during childbirth, the baby and/or mother can sustain injuries varying from minor to catastrophic, and sometimes even fatal. In some cases, birth injuries leave babies in need of long-term care, which often results in exorbitant expenses for the rest of their lives. Ideally, a birth injury lawsuit should be filed as quickly as possible because Texas, with a few rare exceptions, imposes a two-year statute of limitations on birth injury lawsuits. If you wait too long to seek compensation, you could lose your right to do so at all.  

It is not always immediately apparent that a birth injury has occurred. However, there will eventually be ways to tell. Early signs that your child may have sustained a birth injury include a floppy neck or head, muscle spasms, rigidity in their extremities, failure to meet developmental milestones, and paralysis on one side of their body. It is not uncommon for birth injury symptoms to be delayed, meaning parents may not see any indication of an injury until their baby is a year old or possibly even a toddler.

What Are the Steps of a Birth Injury Lawsuit?

By and large, most birth injury cases follow the same steps. The first is to consult with a qualified medical malpractice lawyer or a lawyer specializing in birth injury cases and have them review the facts surrounding your case. In order to have a valid birth injury case, the following conditions must be met:  

• Did a medical provider fail to uphold their duty of care? Rigid standards of care must be upheld when treating a patient. If a medical professional or medical facility fails to satisfy the standard of care, you may have a valid birth injury claim. 
• Did the injury result from this failure? When was it discovered, and what damages were incurred? Supporting evidence must include proof of the birth injury, proof of damages, and proof that the appropriate statute of limitations has been considered.  

Evidence Gathering

In order to be successful, a birth injury case must be built on strong, objective evidence, such as the medical records of both the mother and child, witness statements, and consultations with third-party medical experts. This and other evidence will be collected, reviewed, and used to identify the specific act of medical negligence that led to the birth injury. 

It is to your benefit to work with an attorney with experience in collecting and analyzing medical documentation and working with professionals who can support your claim. Maintaining copies of receipts, bills, invoices, times and dates of telephone calls, emails, and any other medical documentation and expenses arising from your child’s injury could be crucial to your case. This is evidence that could help your lawyer properly evaluate the facts and value your case.

Filing the Lawsuit

Filing your birth injury lawsuit with the appropriate court is just one of the areas where an experienced birth injury lawyer will be able to help you. The parties named in the lawsuit will be the family and the child as the plaintiffs and the negligent medical provider or medical facility as the defendants. 

The defendants will be notified after the lawsuit is filed. The lawsuit will list the grievances and specify a time by which the defendants must respond. 

Discovery 

The discovery phase of a birth injury case is extremely nuanced and time-consuming. During this phase, each party requests the opposing party’s evidence in order to prepare their cases. Examples of evidence that are often exchanged during the discovery phase include reports, documents, expert witness statements, depositions, and eyewitness testimonies. In a birth injury case, the burden of proof rests with the plaintiff, which is a crucial part of the legal process.

Settlement Negotiations

Almost 80% of all medical malpractice cases settle without going to trial. So, at this stage, you and your lawyer will either begin settlement negotiations or enter a process known as mediation. The goal of either is to give both parties the opportunity to come to an agreement without the time and expense of going to trial. Reaching a settlement agreement is generally in the best interests of everyone involved.  

If a satisfactory resolution cannot be reached via a pre-litigation settlement, your case will then proceed to trial.

Trial, When Necessary

During a trial, a jury and a judge will carefully review the evidence presented by both parties. This part of the legal process is governed by myriad rules that both parties are required to obey. A seasoned birth injury lawyer can help you ensure you present the best possible case if you have to go to trial. After each side has presented its case, a verdict will be reached, and a judgment will be entered. Every trial is different; while some wrap up fairly quickly, others take considerably longer to conclude.

Did Medical Negligence Cause Your Child’s Birth Injury?

No family plans for a birth injury, so when one does occur, most are unprepared for the medical expenses and other costs associated with their child’s treatment. No parent should have to cover the costs of their child’s care and treatment for a birth trauma that, had it not been for medical negligence, would never have happened. The compensation supplied by a birth injury lawsuit can help families pay for the medical attention and care their child needs and deserves.  

To find out if you have a valid birth injury case, contact an experienced lawyer specializing in these types of cases. The Dallas birth injury lawyers at Rasansky Law Firm can examine your medical records, determine what form of negligence was committed and by whom, and file a lawsuit pursuing maximum compensation for you and your child. Call (214) 651-6100 to schedule your free consultation.