Birth injuries can leave families devastated, both emotionally and financially. When such an injury occurs due to medical negligence, the legal system offers a way to seek compensation for the resulting damages. Understanding the steps in filing a birth injury claim is crucial to navigating this complex process in Seattle. This guide will walk you through each phase of a birth injury lawsuit, from gathering evidence to resolving it.
Understanding What Constitutes a Birth Injury Claim
A birth injury claim arises when a child is harmed because of the negligence or error of a healthcare provider during the pregnancy, labor, delivery, or shortly after birth. Common birth injuries could include cerebral palsy, Erb's palsy, brain damage, fractures, and more. To establish a valid claim, it must be proven that the medical professionals involved failed to meet the standard of care expected and that this failure directly caused the injury.
Consulting with a Birth Injury Attorney
The first step in the legal process is consulting with an experienced birth injury attorney specializing in medical malpractice cases. An attorney can assess the facts of the case, provide legal advice, and help you determine whether you have a viable claim. They will also explain your rights under Washington state law, including the statute of limitations for filing a claim, generally three years from the date of the injury or one year after discovering the injury if it was not immediately apparent.
Investigating the Case and Gathering Evidence
Once you decide to move forward, your attorney will begin a thorough investigation. This stage involves:
- Reviewing medical records: The attorney will request and review your child's complete medical records to identify any deviations from standard medical practices.
- Consulting with medical experts: Expert witnesses in the medical field will be consulted to provide an opinion on whether the healthcare provider acted negligently.
- Documenting damages: Your attorney will gather evidence of the damages your family has incurred, including medical bills, long-term care expenses, lost wages (if applicable), and the emotional misery caused by the injury.
This investigative phase can take some time, requiring gathering substantial evidence and expert testimony to build a strong case.
Filing the Birth Injury Claim
After the investigation, your attorney will file a birth injury claim on your behalf. This legal complaint will be submitted to the appropriate court in Seattle and will outline the following:
- The nature of the injury
- How the healthcare provider's negligence caused the injury
- The damages being sought (e.g., medical expenses, pain and suffering, loss of future income for the child, etc.)
- The defendants (usually the healthcare provider or hospital) will then have an opportunity to respond to the claim.
Engaging in Pretrial Procedures and Negotiations
After filing the lawsuit, both sides will enter the discovery phase. During this stage:
- Each party exchanges information, including medical records and expert testimony.
- Depositions may be taken from medical staff, the parents, and other witnesses.
- Additional expert witnesses may be called upon to provide further insights into the case.
The defendants may often attempt to settle the claim outside of court. If a fair settlement can be reached, you may not need to proceed to trial. Settlement negotiations can happen at any point before the trial begins, and your attorney will advise you on whether the settlement offer is adequate based on the damages you are seeking.
Going to Trial (If Necessary)
If a settlement is not reached, the case will go to trial. Both sides will present their arguments, evidence, and expert testimony in the courtroom. The trial process can be lengthy, but it allows a jury to hear the full case and decide. If the jury rules in your favor, they will grant compensation for the damages specified in your claim.
Receiving Compensation
If you win the case, or if you settle out of court, you will be awarded compensation. This compensation may cover:
- Medical expenses: Current and future medical bills that are related to the injury, including surgeries, therapies, and rehabilitation.
- Pain and suffering: Compensation for the physical and emotional distress caused by the injury.
- Future care costs: If your child requires lifelong medical care, compensation for these ongoing needs will be included.
- Loss of earning capacity: Compensation for lost wages may be awarded in cases where the injury affects the child's ability to work in the future.
Appeals Process (If Necessary)
In some instances, the losing party could appeal the decision. If this happens, the case may enter the appeals process, which can extend the time it takes to reach a final resolution. However, your attorney will continue to represent your interests through any necessary legal appeals.
The birth injury claim process can be complex and emotionally challenging, but following these legal steps carefully can help families seek the compensation they rightfully deserve. It's important to work closely with our knowledgeable attorney, who can guide you through the intricacies of medical malpractice law and ensure your family's best interests are protected.
Contact Schroeter Goldmark & Bender today to schedule a consultation!