7 Steps in Filing a Birth Injury Lawsuit

7 Steps in Filing a Birth Injury Lawsuit

Birth injuries can take away the joy of being a parent, as no parent wants to see their child in pain. These injuries can occur naturally or due to the negligence of healthcare workers. Some injuries are minor and subside on their own. However, severe birth injuries that cause brain damage can disable a child for life. Head injuries, bone fractures, facial paralysis, and bruises on the body are the most common birth injuries. Moreover, damage to the brain and nerves during birth can cause various conditions later on, like cerebral palsy, Erb’s palsy, and more.

Birth Injury Lawyers

Parents can ask their child’s doctor to diagnose several birth injuries right after birth as their symptoms are obvious and include loose limbs, difficulty breathing, seizures, and swelling. Some birth injuries become apparent later when the child fails to achieve numerous growth milestones like talking, walking, and crawling.

Birth injuries may result from maternal infections, prolonged labor, maternal obesity, large-sized baby, and abnormal birthing presentation. If healthcare providers fail to monitor the mother’s health during pregnancy provide optimal care during labor and delivery, chances of birth injury increase. Moreover, doctors often use various tools like a vacuum to guide babies through the birth canal, any misuse or mistakes while using these tools can also lead to birth injuries.

If you suspect that your baby’s birth injury results from medical malpractice, you can take legal action against the responsible person or organization. Various institutes, like the Birth Injury

Justice Center, can provide you with medical and legal assistance across the country. These institutes help you deal with your child’s birth injury efficiently. After organizing medical treatment for the birth injury, you should file a lawsuit immediately to receive adequate financial compensation, which can help pay for your child’s treatment and therapy.

This article will discuss the steps for filing a birth injury lawsuit.

Steps to file a birth injury lawsuit  

Filing a birth injury lawsuit can be a complicated process. Therefore, it is encouraged to take the services of a competent and experienced birth injury lawyer. Such attorneys have years of experience dealing with birth injury lawsuits and can better guide you through the whole process.

A birth injury lawsuit is filed against the healthcare professionals involved in your child’s delivery or the hospital. Most birth injury lawsuits follow the same steps. However, each case is different, and exceptions can exist. The general steps in filing a birth injury lawsuit include:

Evaluating the Case

Birth injury lawyers first evaluate the potential of your case. They determine if you are eligible to file a lawsuit and judge whether the patient has the potential to win. Most lawyers and law firms provide a free case review to their clients.

Birth injury lawyers also calculate the financial support that your child will need for treatment to estimate the claim or settlement amount.

Issuing a Demand Letter

The next step is to send a demand letter to the person or organization you believe is responsible for your child’s birth injury. Your lawyer will prepare a demand letter explaining why you think that medical negligence occurred and how much compensation is required.

Sending a demand letter is an optional step, and you can also directly file a lawsuit without issuing a demand letter first. If the responsible doctor or hospital agrees to the demand letter, you get the compensation, and the case is closed. However, if they reject the demand letter, you can file a lawsuit.

Building the Case

Lawyers need crucial information regarding the birth injury to build a case and file a lawsuit. The lawyer can ask you to explain when, where, and how the injury occurred, how the medical team could have prevented it, and who may be responsible for the malpractice.

Knowing the answers to these questions allows your lawyer to estimate the strength and value of your case.

Filing a Lawsuit

The courts in every state have different rules regarding birth injury lawsuits. Your lawyer files your case in the most appropriate court of law. The court processes the suit and sends notice to the defendants (the sued party). Defendants have a month to either accept or reject the lawsuit. If they reject the notice, the plaintiffs (the party taking legal action) win the case by default.  

Discovery Phase

During the discovery phase, the legal team will deeply study your case to prepare a solid argument for the court. Your lawyer can ask you to submit hospital bills, medical reports of the birth injury, and other related evidence. Moreover, they may also get first-hand accounts from medical experts involved in the process. The defendants’ lawyers also prepare their defense argument that aims to disprove the claims.

Negotiating a Settlement

After preparing the case, both the parties meet outside the court to possibly conclude the issue through a settlement. It is crucial to note that the lawyers prefer to settle birth injury lawsuits because it is easier and faster to receive adequate compensation for birth injury lawsuits through settlements. If the parties involved settle, the defendants pay monetary compensation to the plaintiffs, and the legal action stops. However, if the parties involved cannot resolve the case through a settlement, the case moves to the trial phase.


The judge and jury look at the evidence, listen to arguments presented by both legal teams and decide the case by recognizing the defendant’s guilt or rejecting the allegations made against them. Trials can last for months or years, and if you lose the case, you receive no money. However, if you win the case, the jury will likely award more money than you get through a settlement.

Sometimes the losing side can also appeal a trial decision and take the case to a higher court for review.

The Bottom Line

Birth injuries can be a nightmare for parents. After dealing with the medical aspects of a birth injury, parents should file a lawsuit to receive financial compensation, which can help pay for their child’s treatment and therapy. A birth injury lawsuit is a systematic process, and a competent attorney can guide you through the procedure.

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  • Suzi

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