2/2/17 at 11:34 AM 0 Comments

What are the Steps of a Birth Injury Lawsuit

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The last thing that crosses your mind on your delivery day is an injury to your newborn. After preparing for nine months and honoring all appointments, you look forward to a healthy bouncing baby. Nothing prepares you for mistakes or injuries in the delivery room. Doctors and nurses can make mistakes that will harm your newborn. It is difficult to remain calm when you think of the consequences of the injury. However, lashing out is not the best solution. Here are the steps you should take in case of a birth injury.

1. Contact a Birth Injury Lawyer

The incident may be traumatizing but you need to start thinking about representation immediately. It helps to look for a law firm that specializes in birth injuries beforehand but it is never too late to find one. You can ask your spouse or a family member to look for a certified birth injury lawyer in your area. You can also search for a specialized law firm online and initiate the legal process. Do not leave the hospital before the lawyer visits you and assesses the situation.

2. Start Gathering Evidence Immediately

The essence of contacting a lawyer immediately after the incident is to ensure that the lawyer gets all the documents and statements. Gathering evidence long after you have been discharged may be difficult. Some of the medical professionals may be unwilling or unavailable to provide the information that your lawyer needs to file and win a lawsuit. The lawyer can build a strong case with sufficient evidence.

3. Watch Your Interaction with Doctors and Nurses

Your immediate reaction after the injury may be confronting the doctors and nurses. You are not in your right mind when your newborn is at a risk of a permanent injury and disability. It is hard to comprehend how qualified medical professionals can be negligent with such a delicate life. However, you need to find a way of raising your concerns without blaming yourself for the injury. Watch every word whenever you talk about the incident to anyone including your family. Do not mention anything to do with guilt or regret. The doctors and nurses may turn everything around and blame you the injury.

4. Do Not Accept Any Offers or Payments

Insurance companies are quick to settle birth injuries out of court, especially when the evidence clearly points to negligence. The first visit you may get after the incident is from the insurance company. The insurer may push you to sign an agreement or accept a certain of money instead of filing a lawsuit. Do not yield to the persuasion in the absence of your lawyer no matter what the company offers. You cannot change your mind and settle the issue in court later when you sign any agreement.


The unimaginable can happen at the last minute after you have taken care of your baby for nine months. Your doctor or nurses’ negligence may cause an injury to your newborn. The right response to such an incident is to seek help and advice from a law firm that specializes in birth injuries. Your lawyer will give you direction on how to handle the situation until you get justice.

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