How to File a Legal Claim for a Traumatic Birth Injury

Filing a legal claim for a traumatic birth injury involves several steps and can be daunting so it’s crucial to have legal representation throughout the process to navigate the complexities of medical malpractice claims. 

Each case is unique, and the specific steps may vary based on the jurisdiction and circumstances surrounding the birth injury. Saltz Mongeluzzi Bendesky’s experienced medical malpractice attorneys will guide you every step of the way.

Consultation with an Attorney

• Schedule a consultation with a medical malpractice attorney who has experience handling birth injury cases.
• Bring all relevant documents, including medical records, communications with healthcare providers, and any other documentation related to the birth injury.

Case Evaluation

• The attorney will review the details of your case, including medical records and expert opinions if necessary, to assess the strength of your claim.
• They will determine if there is evidence of medical negligence or malpractice that contributed to the birth injury.

Obtaining Medical Expert Opinions

• In many birth injury cases, medical experts are consulted to evaluate the standard of care provided by healthcare professionals involved.
• These experts can help establish a connection between the medical negligence and the resulting injury.

Notice of Intent to Sue

• In some jurisdictions, before filing a lawsuit, you may be required to provide a notice of intent to sue to the healthcare providers involved.
• This notice typically outlines the basis of your claim and gives the healthcare providers an opportunity to respond or settle the matter outside of court.

Filing the Lawsuit

• If a resolution is not reached through negotiation, your attorney will file a lawsuit on your behalf.
• The lawsuit will specify the allegations of medical negligence, the damages incurred, and the compensation sought.

Discovery Phase

• Both parties engage in the discovery process, during which they exchange information, documents, and evidence related to the case.
• Depositions may be conducted, where witnesses and parties involved are interviewed under oath.

Settlement Negotiations or Trial

• Many medical malpractice cases are settled out of court through negotiations between the parties.
• If a settlement cannot be reached, the case may proceed to trial, where evidence is presented, and a judge or jury determines the outcome.

Compensation and Resolution

• If successful, compensation may be awarded to cover medical expenses, ongoing care costs, pain and suffering, and other damages.
• The resolution of the case may involve a lump sum payment or structured settlement.

Saltz Mongeluzzi Bendesky’s medical malpractice attorneys have a proven track record for obtaining justice for clients. As one of the leading medical malpractice law firms, our attorneys are committed to obtaining the results you need and deserve. If you or a family member has been severely injured as a result of negligent prenatal care or delivery, or a family member has been killed by such malpractice, contact us today.