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Welcoming a child into the world is something to celebrate. The last thing you want is to hire a birth injury medical malpractice lawyer in Washington DC. If you think this is necessary, however, it’s important that you respond appropriately. From understanding the basics of hidden birth injuries to hiring the best lawyer, taking the right steps will ensure you get justice and just compensation.
Understanding Birth Injuries
Like most lawsuits, you must first prove that your child’s injury is grounds for medical negligence or malpractice.
- It’s considered a birth injury if it’s a result of a complication or medical mistakes during the birthing process. The symptoms may or may not be visible right away, some of which are even hidden until a certain age.
- Some common birth injuries are hypoxia or lack of oxygen, brain injury, shoulder dystocia, and brachial plexus. They can be a result of medical negligence while you’re in labor or during delivery, delayed intervention, failure to diagnose preeclampsia and other pregnancy complications, and improper monitoring.
- Some symptoms of birth injuries may manifest later in life, causing them to miss vital developmental milestones. These include cognitive delays, delayed speech, and neurological conditions.
Take Notes, Gather Evidence
While some medical-related lawsuits are difficult to win, such as psychiatric malpractice, it’s not always the case with birth injuries. As long as you take the right steps, there’s a high probability of you winning your case.
- Gather information the moment you suspect a birth injury. Document everything you remember before, during, and after delivery.
- Request all necessary documents and get a second opinion from a different doctor in another hospital or clinic. Make sure to keep a copy of all pertinent documents, including receipts, for easy tracing and tracking later.
Seek Legal Consultation
Doing so at the earliest time possible will help strengthen your case and make it easier to navigate the legal process.
- Consult with a law firm or experts in birth injury cases who can evaluate if and when you have a case, whether your claim is still within the statute of limitations, and what evidence you need to provide.
- The firm can help with the investigation process, gathering medical records that may be withheld from you, and taking other steps necessary to build a strong case.
- They will tell you when to file a lawsuit, negotiate, settle out of court, or go on trial.
Know Your Rights as Parents
During delivery, you’re protected by the Patient Bill of Rights and Responsibilities. As a parent, you have legal rights, too.
You have the right to:
- The best medical care possible, which extends to your child
- Full transparency to everything that transpired during the birthing process
- Access to your child’s medical records, test results, and nursing notes
- Seek compensation for the pain, suffering, medical expenses, and ongoing costs incurred as a result of birth injury due to medical negligence
By understanding what qualifies as a birth injury, gathering evidence, seeking legal consultation, and knowing your rights, you can receive the essential guidance and support. A birth injury is life-changing, and it’s in your best interest to ensure your and your child’s rights are protected. Let a medical malpractice lawyer from Child & Birth Injury Lawyers help you get the best possible outcome.
