What You Need to File a Birth Injury Lawsuit

Published April 22, 2022

If your child has cerebral palsy, Erb’s palsy, or any other birth disability, you may be eligible for financial compensation through a birth injury lawsuit. These cases are brought against doctors, nurses, and other medical staff who may be held responsible for any injury sustained by a child.

Lawyers on both sides of a birth injury lawsuit establish their claims and then try to reach an agreement to conclude the case. Numerous families employ the services of experienced lawyers with knowledge and experience in birth injury lawsuits. Birth injury lawyers file claims and speak for families seeking compensation to cover the expense of their child’s treatment.

Some birth injury claims have been granted millions of dollars to pay medical expenses such as surgery, therapy, medication, as well as other care costs.

Steps on Filing a Birth Injury Lawsuit

Although each case is unique, most birth injury claims go through the same steps. The initial step to filing this type of lawsuit is contacting a lawyer who is familiar with birth injury cases. A lawyer can assist you in filing your lawsuit, gathering evidence, establishing your claim, and possibly winning compensation.

1. Case Review

A reputable birth injury law firm can provide you with a free case consultation. Prior to filing your claim, determine your eligibility to file a birth injury claim.

If your attorney finds that you have a solid argument, they will determine the amount of compensation necessary to treat your child’s condition for the rest of their life.

2. Evidence

Your lawyer will have to establish that your child’s injuries or death resulted from medical negligence. They will gather evidence and information related to your case in order to establish a successful claim.

This may include the following:

• A complete chronology of activities before, during, and following the delivery process
• Maternal health records describing any complications that occurred during pregnancy
• Medical records showing the conditions your child is currently afflicted with as a result of the birth injury

3. File a Lawsuit

Once your lawyers have gathered all the necessary material, they will file your claim formally. You will be the plaintiff, while the doctor or the hospital named in the lawsuit will be the defendant. The court will then set the case’s schedule, including mediation and dates of trial.

Your birth injury lawsuit will seek monetary damages from the defendants, and they will normally have 30 days to respond. You will win the case if the defendant does not respond. If they respond and refuse to compensate you, they will state why they are not liable for the child’s injuries.

4. Discovery

Following the defendants’ response to the case, your lawyer will collect additional evidence to support your claim.

During this period, your lawyers may request further medical records or other related documents to the birth of your child in order to acquire more detailed information. In addition, you, your family, as well as medical experts may also be required to make statements or give answers under oath.

5. Settlement or Trial

Birth injury lawsuits are handled through either a settlement or a trial. The defendants agree to pay the plaintiff a lump sum of money in a birth injury settlement in most cases.

In rare instances where a settlement cannot be reached, the lawsuit will proceed to trial. A judge or a jury will review both sides of the argument and determine whether the plaintiff is eligible for financial compensation.