Dealing with the aftermath of a birth injury can be stressful, discouraging and overwhelming to say the very least. Things such as cerebral palsy, brachial palsy and shoulder dystocia are all common types of injuries that can occur before, during and immediately following birth, and any of them can have life-altering results.
So, what should you do if you think your child has been a victim of a birth injury due to a doctor’s negligence? Certainly the term “lawsuit” will have been mentioned to you, but aside from the general term, there are certain things that you should do to properly prepare and increase your chances of being successful in your claim.
- Seek treatment immediately to have your child properly evaluated. You will need strong medical evidence that the injuries your child is suffering from are as a result of negligence.
- Be proactive. Dealing with a birth injury can take up all of the time and energy of the parents of the child but it’s important to remember that there is only a certain time frame in which you are allowed to file suit. As difficult as it may be, getting the ball rolling on your lawsuit right away will give you the best chance of being successful in court.
- Hire a birth injury attorney. Don’t just pick a general personal injury lawyer – you want to be sure that the person representing you has in-depth experience specifically with birth injury lawsuits.
- Keep a journal. As soon as you begin to suspect that your child may have suffered an injury at birth, you should begin keeping detailed notes about any signs, symptoms and developmental progress notes that you can document. Being able to show this type of evidence in court can make your case that much stronger.
- Be prepared for the possibility of a long, daunting experience once your lawsuit has been filed. Birth injury cases are not always cut and dry, and the process can take months, sometimes even years. Preparing yourself and your family for this from the start will make the process a little easier to bear.
Realizing that your baby may have been a victim of a birth injury is an extremely emotional experience, but once you’ve come to grips with what occurred, it’s important to focus on doing the right things in order to successfully obtain compensation for the losses you and your family have suffered. Following the steps above can get you on the road to justice for your child.