What To Do If You Suspect Birth Injury Malpractice

When you pictured the day your child would be born, it probably didn't include a birth injury. Unfortunately, malpractice happens and your baby suffered at the hand of a healthcare provider.

As you prepare to enter a legal battle, you need to understand what steps to take.

1. Consult a Birth Injury Law Firm. A case manager will ask questions regarding the medical care and treatment that you and your new baby received while in the care of a healthcare provider. The legal team will use this information in their preliminary review of your potential claim.

In preparation for this consultation, have the following information handy:
Pre-natal care details
Medications you took during your pregnancy
Dates of term of pregnancy
If the baby breathed on its own when you delivered
Date of the baby's birth injury diagnosis
Surgeries and therapies your baby has undergone.

2. Medical Records Release. They will discuss your case with you and have you sign a HIPAA form so they can review medical records in order to identify signs of birth injury malpractice.

3. Discovery. If your claim has legal merit, your lawyers will file a lawsuit. Through depositions and interrogatories, your attorney will then exchange information with defense counsel. This process can average one to two years in duration.

4. Settlement Offers. The defense may bring a settlement offer to the table. Your attorney will discuss these with you and advise you based on the offers. Ultimately, the decision is yours to make.

5. Trial. If a settlement is not reached, your case will go to trial, which may start anywhere from a few weeks to a few months after the end of the discovery phase. A jury will decide on a verdict based on the case that both sides present. Trials last about one to two weeks.

You must be present for each day of the trial. You will also be called to testify and your birth injury attorney will prepare you.

6. Verdict. Juries deliberate for varied amounts of time with each case. Once a verdict is reached, it will be read in court. If the ruling is in your favor, the jury will also decide upon financial compensation. The defendant can choose to appeal the verdict or the compensation amount.
Birth injury malpractice lawsuits can take years to reach an outcome. You'll need to focus on your baby's birth injury. Let your attorney focus on the case.

Help Your Baby () is a Philadelphia Cerebral Palsy Lawyer.

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