Giving birth puts an incredible strain on your body, and it’s so very important that you and your child are in safe hands when going through this process. Unfortunately this isn’t the case for all women, which is why some have to enter into medical malpractice lawsuits for injuries associated with the birthing procedure.
Each state is different when it comes to this area of the law, but there are many general principles that they share. With a new baby to take care of, it’s worth noting that it is not uncommon for these types of cases to be settled out of court, making the process a great deal faster and less expensive. That being said, if your case is more complicated, you may end up having to go to trial in order to get your compensation.
When Should I Begin the Process?
Having a new baby means parents are often and understandably extremely busy, making it difficult to find the time to begin the process. That being said, if your child (or you) were injured in the birth, you’ll probably need help as soon as possible so you can start focusing on healing and growing as a new family. It is a good idea to meet with a law firm that has knowledge in this area if you suspect you have been the victim of malpractice. The attorney will be able to work through the facts of your case with you and tell you how they would like to proceed. They should also make you aware of their fee structure. It is worth finding out the statute of limitations and notice requirements in your state as soon as possible.
The process then moves to a period of investigation. The medical institution and individuals had a duty of care to both you and your child, and a breach of that care needs to be shown. More serious cases may take upwards of 6 months to investigate, and experts will be contacted by your lawyers in order to help your case. You will then file for lawsuit, within which the negligent party has between 30 and 60 days to respond.
Next there is the period of discovery, where each party and witnesses are questioned by a third party and by each other. After this a party may file a motion to win without a trial. If this is not accepted the trial will proceed, usually lasting between one and five weeks. You should attend every day. The jury will be chosen and opening statements gave, followed by witnesses and closing statements. After a judgment has been made, you may want to appeal or even have another trial. This is of course a time consuming process, but it is integral you and your family are looked after.
If you or someone you know has suffered due to medical malpractice, contact the experienced team at Franco Firm who can help guide you through this difficult process.