What Are the Stages of a Successful Medical Malpractice Claim?August 23rd, 2017
Although parents-to-be know that all kinds of complications can arise during birth, most enter labor and delivery with plans to bring home a healthy baby in just a few days’ time. When something goes wrong in the delivery room, though, even the most optimistic parents face overwhelming sadness, anger, and doubt.
Some birth injuries are inevitable. For example, the baby’s natural positioning or the mother’s health could make it virtually impossible to guarantee a safe delivery.
In most cases, though, injuries during labor and delivery are entirely preventable. Some of the most common birth injuries include caput succedaneum, which can develop in babies who are delivered by vacuum extraction; facial paralysis, which can arise when providers use forceps to facilitate the delivery; and brachial palsy, which develops when doctors have issues delivering the baby’s shoulder.
If your child sustained preventable injuries during birth, you may be eligible to recover compensation for medical bills, rehabilitation costs, and other damages. To discuss your case with a compassionate birth injury attorney, contact The Bowling Christiansen Law Firm
David A. Bowling will evaluate your case to determine if you have grounds for a medical malpractice claim. Call (504) 586-5200 to schedule a consultation with a Baton Rouge birth injury lawyer.
Read on to learn about the various stages of the medical malpractice claims process:
1. Gathering Evidence
Your attorney will start building your claim by gathering all pertinent information regarding your baby’s injuries. This might include medical records, witness statements, and photographs. You can do your part during this stage by documenting all of your doctor’s appointments and tracking any costs associated with treating the injuries.
2. Filing the Complaint
In the state of Louisiana, parents have one year from the date of the injury or the date on which they should have discovered the injury–as long as no more than three years have passed-to file a birth injury claim. Your lawyer will help you draft your complaint and file it with the appropriate parties so you can focus on taking care of your baby.
3. Settling the Case
After you file the complaint, the opposing party will receive notification of the claim, and they will likely attempt to settle the case. Most medical malpractice cases are resolved before reaching trial, so this may be the end of the claims process if you manage to negotiate for a fair settlement.
Otherwise, your case will continue with the discovery process and eventually go to trial. Depending on the kind of evidence that arises during the discovery phase, you may still end up settling your case before it reaches court.
If you have additional questions about the claims process because you want to pursue compensation following a birth injury, turn to The Bowling Christiansen Law Firm. Our Firm is an AV-rated law Firm under Martindale-Hubbell’s peer review rating system.