You can prove negligence in a retinopathy of prematurity claim by:
- Establishing your relationship with your health care team
- Proving that they owed you an acceptable standard of care that was not met
- Showing how this failure to meet the acceptable standard of care caused your child’s injuries
Some states require the testimony of a third-party medical expert to establish negligence in a medical malpractice claim. A medical malpractice lawyer can help you obtain this testimony and compile other evidence to prove negligence, such as your medical records.
In addition, you may have to prove your financial damages in order to receive compensation. A lawyer can help you with this task as well.
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Compile a Case File that Proves Medical Negligence
When you are ready to hold a medical professional financially liable for the negligence that led to retinopathy of prematurity (ROP), your medical records are a key component of your case file. Medical records from prenatal care and labor and delivery may be relevant to your case.
You may also need your child’s medical records and the results of any tests and exams conducted on them. If you are represented by a birth injury lawyer, he may also request the names and contact information of all members of your health care team and all medical facilities where you and your child received treatment.
Compiling these records on your own may prove challenging – particularly when your primary focus is on the health of your new baby. Your legal team may be able to compile the required records, along with their corresponding bills and other documents, that help define:
- The at-fault party
- Your financial damages
- The date that established the statute of limitations
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Establish the Timeline that Governs Your Potential Lawsuit
Hiring a lawyer to help you seek compensation for your child might have several distinct advantages.
A lawyer can help you determine and comply with the specific statute of limitations that applies to your state. Note that, in addition to their standard deadline on medical malpractice lawsuits, many states have additional rules that may extend the filing deadline for birth injury cases due to the young age of the victim.
Your state might also require the filing of a Notice of Intent to the party you intend to pursue for compensation. This notification may have its own filing deadline that a lawyer in your state can help you meet.
In addition, the lawyer you hire can help identify medical experts who may attest to:
- The cause and severity of your child’s retinopathy of prematurity (ROP)
- The medical care you each received
- How the care you received failed to meet the accepted medical standard
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Calculate the Damages You Might Be Able to Recover
The amount of monetary recovery you might be entitled to may vary according to the severity of your child’s retinopathy of prematurity, whether the resulting eye injuries are temporary or permanent, and any income loss you experience.
You might be entitled to:
- Current and future health care expenses
- Current and future parental income loss
- Physical and emotional pain and suffering
- Necessary assistive medical devices
Your family may be entitled to additional expenses and losses. Your lawyer may help you understand your recoverable damages and ensure they are accurately valued prior to the start of settlement negotiations.
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The Birth Injury Lawyers Group Can Help You Prove Negligence
If your infant was born prematurely and suffered vision damage as the result of retinopathy of prematurity, you may be entitled to financial compensation.
The Birth Injury Lawyers Group can help you prove negligence in your retinopathy of prematurity claim. We represent families nationwide in medical malpractice lawsuits. Contact our client intake team at (800) 222-9529 for a free case review and consultation.
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