What To Expect Legally After A Birth Injury Due To Medical Malpractice

Giving birth can be an amazing and wonderful experience for a woman, but when a birth injury occurs due to the negligence of the health care providers assisting with the delivery, a person's life can be turned upside down. A birth injury can be an injury to the mother or the baby. If you or your child have been injured due to negligence or substandard medical care, you can follow a law suit. Continue reading to learn more about the process of filing a lawsuit after a birth injury:

Establishing a Timeline for the Injury

In some cases, a birth injury may be apparent while you are still in the delivery room or operating room. But in other situations, a birth injury may not be noticed right away. For example, improper use of forceps during delivery can lead to nerve damage that may not be noticed until the baby is older. Or, a mother may develop a life-threatening infection if her doctor did not completely deliver all of the placenta.

As soon as the birth injury is discovered, it is important to document this. Many states have a statute of limitations on bringing forth a medical malpractice lawsuit for a birth injury, and the last thing you want is to miss the deadline to file your complaint.

Hire an Attorney

If you need to file a medical malpractice lawsuit against a health care provider for a birth injury, it is essential to hire an attorney. A medical malpractice law suit can be very complicated and you need an expert on your side to represent you. You should hire a personal injury attorney who focuses on medical malpractice law suits, ideally one who is very experienced in birth injury cases.

Send a Demand Letter

After explaining your case and providing evidence to your attorney, he or she will send a demand letter to the health care provider. A demand letter outlines your complaint, gives an overview of the events that led to the birth injury, and requests compensation. In some cases, a health care provider will offer a settlement in order to avoid the hassles of a lawsuit. If the health care provider's attorney denies your request for compensation, your attorney can file a formal lawsuit.


Attorneys from both sides will prevent evidence and share information. Depending on the information shared, the health care providers attorney may start the settlement negotiation process. In the event that a settlement is not reached, the case will go to trial. During the trial your attorney will present all of your evidence and will most likely have an expert witness testify on your behalf. The jury will then determine whether or not the health care provider was negligent. If he or she is found negligent, the jury will then decide the compensation amount that the health care provider owes you. 

Contact an attorney, like Loughlin Fitzgerald P C, for more help.