When a birth injury occurs, you have to make a decision whether or not taking legal action is possible. The costs associated with raising a child who was born with an injury or defect can take a toll on your family's finances, so recovering compensation from a responsible party can help ease some of the financial strain. If you believe you have a case against your medical care provider for your baby's birth injury, here is what you need to know.
What Do You Have to Prove?
To file a medical malpractice claim against the provider you feel is responsible for your baby's injuries, you have to prove that the provider had a duty to care for your baby, that he or she breached it, and that the breach resulted in harm to your baby. You also have to prove that there was an actual injury.
The provider's duty to care for you and your baby is simple to establish. If the provider was involved in the delivery of your baby, he or she took on that responsibility at the point care was started.
To prove that your provider breached his or her duty of care, you will need to refer to the standard practices for delivering a child in the same circumstances as you were. For instance, if the provider failed to monitor your baby's oxygen intake before delivery and the baby was injured, you will need an expert to testify to the fact that monitoring oxygen intake is standard practice.
You can rely on your baby's medical records to prove his or her injuries from the delivery. An expert can help explain the link between the injuries and the actions of the provider.
Where Do You Start?
In a medical malpractice case, time is of the essence. You have to act quickly to avoid missing the statute of limitations. Since the case falls under personal injury, you have to send a notice with your intent to take legal action to the provider first. The amount of time you have to do this varies by state, so send it as soon as possible.
If you decide later that you do not want to take action, you do not have to follow through. The case will simply expire. However, if you do go forward with the case, the notice helps to ensure you have preserved your right to sue.
You should also talk to an attorney experienced in birth injuries. The attorney can send the notice, evaluate your case, find an expert, and even file the claim with the provider's insurance company. To learn more, visit websites like http://www.snyderwenner.com.