The birth of a baby can sometimes be a stressful experience for the parents. Things can be unpredictable, and the birth process doesn't always go as smoothly as the parents may have anticipated. However, in some cases, something goes wrong because of negligence or mistakes on the part of the doctor and other professionals. If you suspect that this happened to your family and feel that someone caused your newborn baby injury, you might want to consider the following if you're wondering whether legal action is for you.
You need to first check with your state about deadlines regarding birth injury lawsuits. Different places have different rules, but if you go past those time limits, your case could no longer be valid.Not only that, but the longer time passes before you take action, the more likely it is that people involved will forget details or that other evidence could become misplaced or lost.
The Extent of the Injury
You may be reluctant to take action because you aren't sure that your child's injury is serious enough. The truth is that many injuries can last throughout your child's life and they will have to deal with that through no fault of their own. You may very well still have a case and cause for a settlement.
The Independent Exam
Once legal proceedings have gotten underway, your child may need to be seen by an independent medical examiner. This is typically requested by the person you're suing as a defense mechanism; having an independent party examine your child provides the court with an impartial medical opinion of the child's condition. Know that this request is likely to be coming and talk with your own attorney about having follow-up exams done by your own physician.
Birth injury cases can sometimes take a lot of time to be litigated. Don't expect that your family will receive a lump sum of money for some time. Be sure to make arrangements as best you can for care, treatment and costs associated with your child and their injury. Planning for the present and future without thought to how the court will decide can help you remain focused on your child and their well-being throughout this time.
These details should help you to understand more about the legal process about to unfold. Discuss everything with a birth injury attorney so they can guide you further.