Tips For Filing A Winning Birth Injury Lawsuit

6 March 2017
 Categories: , Blog


If you recently had a baby who suffered a birth injury due to negligence by the hospital's staff or your obstetrician, then you may have a legal standing to bring a lawsuit against them. While it can be a challenge to prove that your child's injuries were caused by human error, it is important to try if your child will have lifelong difficulties or expensive medical costs.

In order to have the best chance of winning your lawsuit in court, follow each of these tips:

Tip: Ensure Your Case Meets the Four Determining Factors for Negligence

To file a claim for negligence in the court system, your cases must meet these four determining factors:

  1. breach of duty
  2. causation of injury
  3. duty to care 
  4. damages occurred

When you were admitted to the hospital to deliver your baby, they agreed to their duty to care for you and your baby before, during, and after your delivery. If your baby was injured during birth or shortly after, then damages occurred. Since damages occurred, then the hospital didn't do the duty they promised and thus caused the injury.

If you cannot prove that each of these four factors of negligence is met, then you do not have a legal cause to bring a case to court. However, if you can prove that each of these four factors is met, then you may have a successful birth injury case. 

Tip: Create a File of All Information Related to Your Claim of Injury

If you believe your case would meet each of the four factors listed above, then you should make an appointment with a birth injury attorney in your local area.

Before you attend your legal consultation appointment, first, you should create a file for all of the information pertaining to your case. Sit down and write down everything you remember about your birth experience and interactions with hospital staff and doctors. If friends or family members were present at your birth, ask them to do the same. Also, place any medical records or other paperwork that you have that relates to your hospital stay.

Take this folder to your consultation so the attorney can get form an opinion of whether or not you have legal standing to file a lawsuit. 

Tip: Retain an Attorney Who Specializes in Birth Injury Cases

Finally, since birth injury lawsuits are a very specialized area of personal injury law, it is vital that you retain an attorney who has expertise in this area. Working with an experienced birth injury attorney will ensure that you get the best representation possible to help your case be successful in the court system.