Determining liability in a medical malpractice case can be tough. Hiring an experienced birth injury lawyer who’s worked on cases similar to yours can help you determine who is at fault for the injury your child suffered.
Ask a Birth Injury Lawyer: How Can You Be Sure Who Is at Fault for an Injury?
1. Your Attorney Will Listen to Your Story
When you hire a Baltimore birth injury lawyer, they’ll listen attentively to your side of the story. You will describe what happened at your child’s birth in as much detail as you can. This may be uncomfortable for you, and there may be some things you don’t want to share. However, know that your attorney understands what you’re going through.
Plus, you’re covered by attorney-client privilege, so they can’t repeat any embarrassing details that you’d rather they keep to themselves. Just learning the timeline of events can give your attorney a good idea of who they should speak to first when they begin investigating your case. The investigation will help prove who is liable.
2. Your Attorney Will Speak to the Physicians
You likely had a vast care team while giving birth in the hospital. Your attorney will most likely need to speak to everybody who was on this team. They’ll need to give their account of what happened during the birth. If the stories don’t line up, then your attorney will need to investigate further. Plus, the attorney may need to check your medical records to see which physician’s version of events is closest to the truth.
If one of the physicians they speak to seems to be behaving oddly, or if they admit to doing something that could be seen as medical negligence, then your attorney will likely want to investigate this person further.
3. Your Attorney Will Interview Witnesses
You most likely weren’t alone for the birth of your child. You probably had a partner and perhaps other loved ones in the room with you at some point. The attorney will need to speak to everyone who was there, as the witnesses can help piece together a more thorough and defined timeline of events.
4. Your Attorney Will Arrange a Medical Examination
Your baby should be examined by a third-party medical expert. This third party will diagnose the injuries the baby sustained at birth and give input on how these injuries may have occurred. The type of injury your child has can sometimes help you find out which person on your birthing team may have been liable for the injury.
For example, if your child sustained brain damage due to a physical injury to their head, then perhaps the doctor who delivered them is at fault. If your baby experienced a heart issue during the birth, then it may be the fault of the person who was supposed to monitor the baby’s heartbeat during labor.
5. Your Attorney May Suggest You Sue the Hospital
You don’t have to sue one specific individual or a group of individuals if your child has suffered a birth injury. You can also sue the hospital that employs the people on your birth team. This way the hospital takes the hit for having hired negligent staff, and you won’t accidentally blame the wrong person for the injuries your child has sustained.
What Can I Be Compensated for When I Sue for a Birth Injury?
1. All Forms of Medical Fees
You can be compensated for any medical fees you have to pay relating to the birth and the birth injury. This includes the cost of delivering, medical treatment you and the baby had to have after delivery and ongoing treatment for the injury. If the injury will require treatment for years to come, then you can also be compensated for that.
2. Pain and Suffering
Birth injuries are traumatic for the whole family. You’ve likely suffered severe emotional distress, and you may even be dealing with PTSD. You and your family can potentially win millions of dollars for pain and suffering depending on the severity of the injury. Even if you don’t win quite that much, you can still win a very high sum based on the emotional pain this ordeal has caused you.
3. Future Care for Your Child
If your child will need special education, assisted living, or rehabilitation of any kind, then you can be compensated for it. Several experts will weigh in to discuss what your child will likely need to help them when growing up. They’ll give an estimate of the costs so you can add this to your claim.
Birth injuries are intensely tragic, so it’s important that somebody is held accountable for their occurrence. Even if you have to sue the hospital rather than a single physician, you’ll win a settlement that will set your child up for life, and you’ll hopefully feel that justice has been served.