Tips for Filing a Birth Injury Lawsuit

If your baby was injured due to negligent medical behavior by your healthcare provider, you have the right to file a birth injury lawsuit and seek compensation against the responsible party or parties. It’s important to remember that the defense in birth injury cases will almost always prepare properly beforehand in an attempt to defend your claim. The following tips will help you prepare for your lawsuit and make things easier during the waiting process.

Get the Correct Medical Attention

Before anything else, make sure that your baby has the correct medical care. Along with obviously making sure that your baby is medically taken care of, you’ll also need to have a medical professional document the total costs of medical care, including estimated future costs. Make sure to keep and turn all pertinent medical documents over to your attorney.

Gather Birth Information

Keep in mind that your attorney will be responsible for proving your infant’s birth injuries, but it’s always a good idea to give as much information as possible about the details surrounding the birth. Regardless of how small the details are, make sure to keep note of it and inform your attorney, including the date, time of birth, symptoms your infant exhibited, your own medical condition, and anything else that’s beneficial to your case.

Don’t Talk to the Hospital or Doctor’s Insurance Company

The hospital’s insurance company is there to help the hospital, not you, and although they may seem extremely helpful, their goal is to ensure that the hospital isn’t found liable for your baby’s injuries. Anything and everything you say can adversely affect your birth injury lawsuit. It’s best to inform an insurance company or any other representative of the defense that your attorney will be in contact with them. As unfortunate as it may be, insurance companies and hospital representatives are notorious for attempting to get their clients off the hook, even when the evidence of medical negligence is abundantly clear.

On the same note, it’s recommended that you only discuss your case with your attorney. Although you are probably upset and feel justified in talking about your case, it’s best to wait until the case is over before talking to even family and friends about your lawsuit. Even a simple, casual conversation can be used against you if the defense decides to drill friends, family members, or anyone else you’ve spoken to.

Be Prepared for an Independent Medical Examination

Your baby may need to undergo an independent medical examination once you file your lawsuit, and in some cases, this can be requested even before you file your lawsuit. In most instances, the physician who performs the examination will be chosen by the defense. Be sure to notify your attorney as soon as possible when an exam is requested. Your baby may also need to have additional medical examinations in order to have second medical opinions for your case.

Be Prepared to Wait

Birth injury lawsuits can be a long process and are rarely settled quickly. Some cases will take months and other cases take years before they are resolved. However, it’s important to note that all expenses associated accrued before your case is over (that are associated with your infant’s injuries) are usually factored into your final compensation amount.