Whether you need a lawyer for a twin-to-twin transfusion claim is up to you. However, because the legal system is so complicated, and because proving medical malpractice is often very difficult, you may find it beneficial to hire legal representation. Learn more here.
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Proving Malpractice in Twin-to-Twin Transfusion Syndrome Cases
Twin-to-twin transfusion syndrome (TTTS) occurs when one twin receives too much blood flow while the other receives too little. This condition can have severe consequences for one or both children. Early intervention substantially increases your children’s chances of survival. As such, a study in Ultrasound in Obstetrics & Gynecology cited that at least one twin survives this injury in Stages I, II, and III in over 80 percent of cases.
When deciding whether or not to file a lawsuit, it is important to distinguish a negative medical outcome from medical malpractice. Birth injuries are always tragic, but not all of them can be prevented, even with competent and timely medical care. For your claim to succeed, you will need to prove that your doctor did not behave in a reasonable, responsible manner and that their carelessness has hurt your family.
Proving medical malpractice involves putting together a strong body of evidence that shows your healthcare provider could and should have treated you better. A lawyer can help you collect this evidence and put forth verbal arguments during a negotiating session or at trial.
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Seeking Compensation for Your Children’s Injuries
Having a lawyer on your side can also make it easier to calculate how much the malpractice costs you physically, mentally, and financially. For example, if your financial situation has worsened as a direct result of the malpractice, you may be entitled to economic damages like:
- Medical expenses: the treatments undertaken to save your child or children’s lives and treatments they will need in the future to manage TTTS aftereffects.
- Loss of income: the money you and/or your partner sacrificed by taking time off work to spend with your child or children.
- Loss of earning capacity: the money you and/or your partner will sacrifice in the future by staying home to care for your child or children.
- Funeral expenses: the cost of laying one or both children to rest.
Monetary losses are often secondary to the physical and emotional wounds that medical malpractice causes. These wounds may entitle you to non-economic damages like:
- Pain and suffering: the physical distress your child or children experienced at birth and will experience in the future because of the TTTS.
- Disability: any and all impairments that can be linked to the TTTS.
- Reduced quality of life: the fact that your child or children’s chronic medical conditions prevent them from doing certain activities or living independently.
- Loss of filial consortium: the anguish of knowing that you will never get to raise the child or children who passed away from TTTS.
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The Work that Goes into a Lawsuit
Below is a partial list of the tasks you must complete if you choose to file a lawsuit. If you hire an attorney, they will handle all of these jobs for you, allowing you to spend more time with your family during this challenging time.
Investigate and Collect Evidence
As discussed above, it is vitally important that you gather as much documentary evidence as possible (e.g., medical records, expert testimony) before moving forward with your claim.
Fill Out Forms
Of special note is the initial notification, which you must send to both the liable party and the court to officially begin your suit, and the documentary evidence, which you must submit to the court for consideration if your case goes to trial. Any mistakes in your paperwork may prompt a judge to end your lawsuit prematurely.
Negotiations
Even if the liable party’s insurance company offers you a settlement, this does not mean the settlement is fair or that you do not deserve more. Unless you hire a lawyer, it is your responsibility to figure out what a fair payment looks like and negotiate with the insurance company to get what you need. In some cases, you may even have to take your case to trial.
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Call the Birth Injury Lawyers Group for Help
While it is your choice if you need a lawyer for a twin-to-twin transfusion claim, legal representation can take a big weight off your shoulders. Contact the Birth Injury Lawyers Group at (800) 222-9529 for more information. We can evaluate your case at no charge and explain how a lawyer can help you with your suit.
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