What You Should Know About Filing a Birth Injury Lawsuit
If your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child’s life and will likely require constant medical care. There are a number of important factors to consider when filing a birth injury lawsuit.
The process of building a birth injury case can be a lengthy one. However, there is a time frame within which the lawsuit must be filed, known as the statute of limitations. You may no longer be able to sue the doctor or hospital that is responsible for the birth injury once the statute of limitations expires. Therefore, it is best to consult a lawyer as soon as possible when a birth injury is suspected to determine whether you have a case and if so, when to file a claim.
In Illinois, the statute of limitations indicates that the minimum amount of time a person has to file a medical malpractice claim is two years after the injury occurs, but no more than four years. For birth injury claims, the lawsuit must be filed within eight years of the birth injury. If the plaintiff was not aware of the birth injury right away, then the statute of limitations begins when they find out that the condition was caused by negligence. An experienced birth injury lawyer can help you understand your legal options and navigate the complexities of filing a birth injury lawsuit.
There are several steps one should take both before and during consultation with a lawyer about filing a birth injury lawsuit. Bear in mind that your actions and words can significantly impact your case. Once your child has been diagnosed with a birth injury that may be the result of medical error, be careful when interacting with hospital or insurance representatives. Anything you say to them can influence your lawsuit. Consult your lawyer first rather than settling for the first amount that you are offered as it will likely not cover all of your child’s medical costs.
Make sure your child gets the appropriate medical attention for his or her birth injury. It is important to keep track of all related medical expenses. You should also speak to doctors about your child’s immediate medical needs as well as any long-term treatment that may be required. Get as much information as you can about what occurred during your child’s birth, such as the names of all the medical staff you dealt with and recollections of the delivery process. The more details you have, the more it will benefit your lawsuit.
It is also essential to keep all documents related to your child’s injury, including bills, a written diagnosis from your doctor and email or other forms of correspondence with the hospital. Losing a document could have the potential to derail your birth injury lawsuit.
Once you choose a lawyer and it is determined that you have a case, the birth injury lawsuit process will begin. Your lawyer will gather relevant documents, medical records, witness statements and more. Building a case will involve careful review of the birth injury and the total cost of medical treatment in order to determine how much compensation is necessary to cover all of the child’s medical care.