A birth injury lawsuit is a category of legal action that helps families receive compensation when their child is born with health problems that could have been prevented. The lawsuits can be filed against hospitals, doctors, nurses, or other medical personnel responsible for the child’s injuries.
The child’s family can use the money from the lawsuits to cater for medical care and therapies, ensuring a healthy and comfortable life for the child. Lawsuits may be filed through an Erbs palsy lawyer who has handled such cases in the past.
A birth injury lawsuit helps families receive compensation when their child is born with health problems that could have been prevented.
Why File A Lawsuit for The Birth Injury Cases?
The financial compensation will enable the child’s family to pay for hospital bills and prevent worsening of the condition or help the child attain full recovery—conditions such as cerebral palsy cause or speech or mobility issues. A lawsuit helps you get justice and lifts the burden of paying medical costs for an injury that could have been averted.
Through a lawsuit, families that may have suffered birth injuries are encouraged to take legal action and receive their compensation. You also help the public know about a particular hospital or doctor and alert families who could be at risk.
The Birth Injury Lawsuit Process
After gathering sufficient preliminary evidence, a lawsuit is filed. The lawyers handling the case will then either choose to settle or go to trial. Here are the main steps involved when filing an injury claim.
1. Claim Investigation
Before the claim is filed, the lawyer finds out the extent of the treatment and how much compensation you will need. The lawyer then begins the birth injury lawsuit process to get the compensation.
2. Gathering Evidence
The lawyer must prove that the child’s injuries or death resulted from the doctor’s or hospital’s malpractice for the lawsuit to be successful. The evidence may include health problems experienced during pregnancy, present health conditions the child suffers, etc.
3. Filing the Lawsuit
The attorneys then draft and file a lawsuit against the defendants, usually the doctors/hospital responsible for the child’s condition. The court then issues a schedule for the case.
The lawyers call for the medical records and documents related to the child’s birth to gather more information. The defendant’s legal team also compiles their information to build their case.
5. Settlement and Trial
Most birth injury lawsuits reach a settlement before trial, and your lawyer and the defendant’s lawyers negotiate a payment. If the lawyers don’t reach an agreement, the case goes to trial, and the judge and jury will determine the outcome. Not many lawsuits reach this stage as they are extremely risky.
6. Verdict and Reward
After tabling all the evidence, the judge and jury decide if the defendants are responsible for the child’s injuries. And if so, how much compensation they should award the child’s family.
No compensation is awarded if the court rules in favor of the defendants.
You are eligible to take legal action if you experience birth injury due to a doctor’s or hospital error. By engaging an Erb’s palsy lawyer, so you can get compensation to cater to the child’s treatment and therapies. You will not need to pay for treatment out of your pocket.
Have you or a loved one taken legal action due to a birth injury?
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