To file a birth injury lawsuit, you will have to identify the person or persons whose negligence caused the birth injury, draft the documents the court requires, file those papers with the correct court, and serve the defendants. Those steps get the lawsuit started. There will be many additional things you have to do in a birth injury lawsuit.
Some states do not let you file a birth injury lawsuit without including a written statement by the plaintiff’s lawyer that there is good faith reason to believe that each defendant committed a negligent act that caused or contributed to the child’s injuries. Some other states do not let the case go forward without an affidavit from a medical expert that the defendants did not deliver medical care at the standard required by law.
What a Birth Injury Case Must Prove to Establish Liability
There are four elements the law requires to hold someone responsible for a birth injury. Your birth injury lawyer can help you build a case that proves all four of these factors:
Legal Duty of Care
You can only sue someone who owed you and your child a legal duty of care. Someone delivering medical services in a healthcare setting owes their patients a duty of care to provide quality service consistent with the standard of care.
If a medical professional did not provide care consistent with the standard of care, then the medical professional is negligent. The standard of care depends on the circumstances of the case and other factors. Your attorney can help you build a case that establishes the defendant did not adhere to the standard of care given the circumstances of your case.
Causation means that the medical mistake caused or contributed to harm that the patient sustained. For example, if a doctor was negligent in not monitoring the child during labor, and the child suffered brain injuries due to oxygen deprivation as a result of the inadequate monitoring, then the doctor’s negligent monitoring caused the child’s injuries.
Your family must establish damages for your birth injury lawsuit. Damages may include economic losses, including lifetime cost of care, as well as noneconomic losses like pain and suffering. Speak with your lawyer about how much you may recover in a birth injury claim.
Who Can Be Liable in a Birth Injury Case
People think of doctors first as being the defendants when something goes wrong in a medical situation. Hospitals, birthing centers, nurses, midwives, anesthesiologists, and other healthcare professionals and facilities can get sued if their mistakes caused or contributed to a birth injury.
Working With a Lawyer to File Your Birth Injury Lawsuit
A lawyer can help you navigate the process of filing a birth injury lawsuit. These cases almost always involve medical malpractice liability insurance companies, and most people do not want to take on one of these huge corporations single-handedly.