Disclaimer: If you’ve acquired birth injury after pregnancy, the following information is only provided as a general guidance as to the legal procedures. It does not, however, serve as actual legal advice. To understand more of the legal nature of birth injuries after pregnancy, talk to a licensed lawyer who has experience in a matter similar to yours.
When you notice a birth injury after your pregnancy, the usual step to take is to get some
help for yourself. Following your pregnancy you may have been diagnosed with diabetes, infections, placental abruption, or a prolapsed umbilical cord– just to name a few. When you seek treatment for these, get ready for the possible excessive medical expenses for your medication and treatment, as well as time lost working. It’s could be costly, as you have to take care of yourself until your full recovery.
That’s why there are legal remedies available to mothers like you so that you can care for yourself. So, here are the things to do legally if you have a birth injury after pregnancy:
What is birth related medical negligence?
Typically, women giving birth are joyful and thankful. Unfortunately, some suffer injuries due to birth complications – and these injuries can occur if the baby’s delivery and the mother’s aftercare has not been adequately supervised by the doctors, nurses and other hospital workers. When you get these injuries after pregnancy, it is apparent that the medical practitioner did not provide the highest standard of care for you. In these cases, you can go after the offender party by filing a birth injury lawsuit to recover financial awards. As a mother, you can go to court and seek relief for the injury committed by the medical personnel due to negligence. This negligence is often called birth-related medical malpractice.
What are the elements of medical malpractice cases?
If you’re the aggrieved party, it’s important that you prove the existence of malpractice on the part of the offender. Here are the elements necessary for a medical malpractice case:
- The Duty Of Care: The law provides that a doctor has a duty of care to their patients. This means that the doctor is required to treat patients with reasonable care and skills expected of him/her as a medical practitioner.
- The Existence of Injury: It’s hard to prove the occurrence of birth-related medical malpractice if there’s no injury on the part of the mother. Without an injury, you cannot seek refuge in court to claim compensation even though your doctor is indeed negligent.
- The Presence of Negligence: Negligence is crucial in a malpractice case. It refers to the doctor’s failure to provide due care and to meet the duty of care to the patient.
- The Negligence of the Doctor Caused the Injury: Causation for this instance is also essential. It must be proven that the doctor’s act of negligence has caused birth injury to the mother after pregnancy.
Why is there a need to file a birth injury case?
If you suffer a lot because of a birth injury, you have the liberty to take legal action against 
the offender to recover compensation for the loss of earning capacity and the time to work, and for the mental and physical anguish you experience. However, filing a lawsuit is generally not easy as you need to consider a lot of things in the process. One of them is the time frame required for you to file a claim to court, what is known as the statute of limitations. Usually, the time limits begin when you acquire the birth injury after pregnancy. However, the statute of limitations varies from one state to another. That’s why it’s best if you consult a lawyer about the timeline for filing a birth injury case so that you’ll get the relief you’re seeking, including the monetary claims.
What are the steps to consider if you had a birth injury?
- File A Complaint About Damages To The Court: Once you have chosen your attorney who will represent you in all litigations, you can choose to send a complaint letter against the offender party. This is to notify him/her about what happened and the demand for compensation.
- File A Formal Birth Injury Lawsuit: If the demand letter did not work, it’s about time that you level up your complaint by filing a formal birth injury lawsuit to the court. From there, the court where you submit your formal complaint assumes jurisdiction over you as the plaintiff and the person you’re suing as the defendant.
- Get Ready For The Discovery: This legal process includes the collection of pieces of evidence by both parties including; depositions from the witnesses, the testimony of an expert witness, documents from each party, and many more.
- Consider A Negotiation: Before the case will reach its full-blown trial, you may also choose to negotiate with the other party to make things right. Here, you can come up with an amicable settlement which is generally easier and cheaper compared to a trial.
- Attend The Trial: When a settlement offer cannot be agreed upon, you and your lawyer have to prepare for the trial which happens in the courtroom and with a judge who presides the proceeding. Here, evidence will be presented and witnesses will be called upon.
- Get Your Compensation: If the judge finds probable cause that the offender party is guilty of birth-related medical malpractice, they will render a decision in your favor, awarding you the damages and compensation you demanded in your complaint.
So, these are the things you can do legally if you have a birth injury after pregnancy. You can also make use of the law to protect your rights. When you’re confronted with the idea of instituting a claim, get the right lawyer in your location who can help you.
Scott Jeffreys
Scott Jeffreys is a promising young law enthusiast that hopes to bring his youthful spirit in his field. He is currently writing for the Dolman Law Group, and tries to add a refreshing modern take to topics on the legal world that people can learn from. Scott enjoys his free time with friends and family, and loves to cook for them.
