Key Factors In Multiple-Defendant Birth Related Injury Litigation
When a newborn child or new mother experiences a birth related injury or injuries, legal help is often sought with the goals of holding someone accountable and securing fair compensation. But what if more than one individual or entity is at fault? And how is that deciphered and proven? The answer lies in a united effort between the affected family and an expert lawyer or legal team. The process, to be effective, begins with self care for parents bolstered by useful resources geared toward securing the best possible outcome for the injured child, mother, or both. The following are key factors in seeing through the overwhelming blur of questions regarding causes, liability, costs, and current and future care:
1. Developing a Detailed Summary of Birth Related Injury Events
2. Considering and Listing All Potential Defendants
3. Listing All Potential Witnesses
4. Selecting an Expert Lawyer or Legal Team
5. Obtaining Written Statements
6. Acquiring Records
7. Staying Organized
Development of a Detailed Summary of Birth Events
Writing a detailed summary of the events that led up to your and/or your child’s birth related injury is essential with regard to proving liability and developing a potential legal case. It is also helpful, when applicable, to have more than one family member, and even a caretaker, provide his or her written perspective of the birth injury events. Provable details may be used to assess liability on behalf of doctors, hospitals, and other individuals or entities. They may also provide the basis for securing fair compensation. Liability is assessed by confirming the event or events that actually caused your and/or your baby’s birth injury and which individuals and/or entities were provably involved.
Consideration and Listing Of All Potential Defendants
During or after developing your detailed summary of birth events, make a list of individuals who were involved in your and/or your child’s care, as well as entities, such as hospitals or birthing centers. Include names, addresses, and phone numbers if possible. They may include:
-Medical Student Interns
Listing Of All Potential Witnesses
Make a list of all nurses, assistants, and other individuals who you feel witnessed your and/or your child’s care leading up to and including the birth and injury.
Selection of an Expert Lawyer or Legal Team
Contacting an experienced birth injury lawyer or legal team with regard to your and/or your baby’s birth injury at the earliest possible time is important. Researching information about lawyers who specialize in birth injuries is beneficial. Some lawyers and legal teams specialize in a wide variety of birth injuries, while others specialize in a particular type or types. These can include cerebral palsy, other types of palsy, asphyxia, hypoxia, C-section injuries, infections, brain damage, organ failure, and others. Experienced lawyers and expert legal teams will not only advise you of your rights, but also detail a comprehensive legal plan that will hold each healthcare professional and/or medical facility involved responsible for actions that resulted in your and/or your child’s birth injury.
Obtaining Written Statements
In addition to having your direct family and any caretakers provide a written statement of events, it may also be useful to obtain written statements from others who are potential witnesses. This task, however, is often performed by a lawyer or legal team. Your legal counsel should be consulted first to find out how best to proceed.
Obtaining your and/or your child’s medical records will likely be done by your lawyer or legal team per state law. Any records you currently have may be instrumental in assessing or building your potential case. Therefore it may be beneficial to provide your lawyer or legal team with copies. Consult your legal counsel first to find out how best to proceed.
Organization is key. Using folders, files, or other systems to keep records orderly will make the process easier, save time, and help you avoid additional stress.
If you and/or your baby sustained a birth injury, contacting an experienced lawyer for an initial consultation is an important step. It is helpful to research information about lawyers who specialize in birth injury cases, or if possible, who specialize in the particular type of birth injury lawsuit case you may be dealing with.
Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in a wide variety of birth injury negligence cases. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.