Many deliveries are successful, and mothers and babies leave healthcare facilities happy without complications. Unfortunately, sometimes, mistakes happen, and the mother or the baby suffers injuries during delivery. Some injuries may be minor and might only require a one-time treatment, but others may require specialized care or long-term medical attention.
Should the injured baby and their families shoulder the medical and financial burdens alone? The answer is no. They should hold the responsible party accountable for their losses and suffering. However, pursuing justice in such cases can be challenging for those without legal knowledge. Therefore, the parents of the affected newborn may consider working with a legal advisor to seek justice by taking the following measures.
Building a Watertight Case
When someone takes legal action for injuries sustained during delivery, the healthcare providers might refuse to admit their mistakes. Some may try to shift the blame onto the parents, alleging that the mother’s actions or decisions contributed to the injury.
This is a common strategy to protect their reputation and can help them get away with the crime. In such cases, the parents must prove that the wrongdoer knowingly or unknowingly made a mistake that caused their infant to suffer injuries.
The affected parents should hire lawyers specializing in birth injuries to help them build watertight cases and ensure they get compensated. The lawyer will gather evidence that the wrongdoers did something or failed to take timely action, which led to injuries.
They may also consult expert witnesses to help them interpret records and assess the injury the complainant reported. This helps support the claim that the healthcare provider or the facility was at fault and should take responsibility for their actions.
Securing the Right Payment
Even when the party at fault is established, obtaining fair compensation is not always a straightforward process. Defendants and their insurers often use delaying tactics to frustrate victims. The insurance company might offer a settlement far below the rightful compensation.
The attorney can help the complainant get the appropriate settlement in time. They will present evidence proving that the defendant was at fault. They will also provide documentation and expert medical reports showing how the injuries suffered affected the complainant and their baby. Legal advisors will then negotiate with the healthcare provider’s insurer to ensure the complainant gets the rightful settlement.
Litigating the Case
Some insurance providers or defendants may still reject the claim or offer less than adequate compensation even after clear evidence is presented. When this happens, the plaintiff’s legal advisor can file a lawsuit against the health facility.
The lawyer will offer legal representation and table the evidence against the plaintiff. The court will decide the case and award the complainant the compensation if the evidence is convincing enough.
Additionally, the lawyer will show proof and might bring in witnesses to testify that the healthcare provider made a mistake that contributed to the birth injury. If the injury requires long-term care, the lawyer will calculate the cost of treatment and any support equipment to ensure the compensation caters to all special needs.
Mothers or babies hurt during childbirth because of medical malpractice should not have to deal with the financial strain and stress alone. Instead, the victim should take legal action against the party at fault to ensure they face justice and take responsibility for the financial losses.
A birth injury lawyer can advise the plaintiff on the best approach to seek justice. They will also guide the plaintiff through each stage of the case to ensure they are compensated.
