Guide For Parents To File A Medical Malpractice Claim


It’s devastating for any parent to discover that their child suffers from congenital disabilities sustained during childbirth. However, this is not the time to give in to despair and hopelessness; instead, get your act together and find ways you can help your child improve their quality of life.

You have every right to take legal action against the medical professional who performed the procedure. This is because your child was born with severe health problems due to the injuries suffered during labor. It is a clear example of medical negligence, and the costs associated with treating the child’s injuries may increase over time. Furthermore, the treatment can last months, years, or perhaps the rest of your child’s life. By filing a case, you may ensure that your family receives the maximum compensation available to cover the costs of your child’s health care.

What Is Medical Malpractice?

Medical malpractice is the act of negligence by a health practitioner that has caused their patient to suffer unwanted consequences. Medical malpractice during childbirth can cause your child to suffer from various birth injuries such as Erb’s palsy, nerve damage, or cerebral palsy, among others. A helpful point to remember is to pursue a medical malpractice case. You should only hire an attorney specializing in the ailment your child is experiencing. For example, if your child suffers from Erb’s palsy, hiring an Erb’s palsy attorney is the natural course of action. This is because only they would know the ins and outs of leading the case in your favor and helping you win the compensation you deserve. 

Six Steps To Filing A Medical Malpractice Lawsuit

Different states have different regulations regarding medical malpractice, such as how far in advance you must inform the doctor’s office before filing a complaint. However, in most instances of malpractice, one may rely on a few overarching principles and groups of regulations. Keep scrolling to learn everything you need to know about filing a lawsuit.

  1. Hire a competent attorney

Even if you believe you can pursue a medical malpractice lawsuit on your own, you should still get the help of an attorney. This is because of the complexity and technical legal intricacies involved. Furthermore, the process isn’t as straightforward as it may seem; therefore, it’s imperative to have an experienced attorney by your side to guide you before you file your case. Your lawyer will help you with the claim filing and required paperwork and advocate your case in the courtroom to get you the highest possible result. If your child suffered birth injuries due to medical malpractice, your best bet is to hire a competent attorney to win the case.

  1. Notify the medical professional involved

The first step to filing a malpractice lawsuit for childbirth injuries is notifying the medical professional in charge during your labor. Depending on where you live, you may need to give the doctor a formal warning before pursuing a lawsuit in court. In addition, you and your malpractice attorney may use this time to negotiate a settlement with the medical center or doctor in question. As a result, many medical professionals are ready to give extra services, frequently at no cost, to help patients get beyond these rough patches. It is generally advisable to exhaust less formal, less expensive dispute resolution avenues before resorting to legal litigation due to the complexity and expense involved.

  1. Know the statute of limitations

There is a strict deadline for initiating legal action against a medical professional who caused an injury during a medical procedure. The statute of limitations applies to all legal lawsuits, including malpractice suits. These time constraints apply from the date of an injury. During this time, a plaintiff must file a lawsuit to avoid losing their rights to financial compensation for the harm sustained. After the statute of limitations expires, there’s hardly any chance for you to file a case and get the compensation you deserve.

Hence, verifying the applicable statute of limitations is essential before proceeding with a medical malpractice lawsuit. There are varied time limits depending on the state and the claim you’re making, so it’s wise to consult your attorney about it.

  1. Get a copy of all your medical records

You have the right to get a copy of your records whenever you want. If you want to file a lawsuit, do so as soon as possible. 

Your medical records are the primary evidence required to substantiate your lawsuit, and it holds power to convict everyone involved in malpractice. To get a hold of your medical records, you must either ask for them or sign a form that gives your consent to your lawyer. This is due to strict privacy laws.

Be sure to include all medical records, including but not limited to doctor’s notes, hospital discharge summaries, test results, medications, and any paperwork you deem pertinent to your case. Your attorney will have a better chance of successfully advocating for your rightful financial compensation if they have access to your medical records.

  1. Meet all the prerequisites

Filing a medical malpractice case in certain jurisdictions is subject to certain prerequisites. Although the procedures for filing a medical malpractice lawsuit differ from state to state, the most common requirement is getting a “certificate of merit.” 

A “certificate of merit” is proof that the negligence of a medical professional caused your injuries. You cannot provide this certificate until a medical expert has reviewed your case and concluded that you received substandard treatment due to negligence. Without this certificate, your claim may be rejected, leaving you without recourse or compensation.

Your lawyer can fill you in on what is required to file a medical malpractice case in your state. For parents seeking justice for childbirth injuries, you need to get your child medically assessed to get merit certification.

Final Thoughts

Congenital disabilities can severely impact your child’s quality of life. Parents need to take action and seek help as soon as possible to get the compensation they deserve. Choosing an experienced attorney is crucial in any medical malpractice case, as it may mean the difference between getting compensated and losing your case. A competent medical malpractice lawyer will be able to guide you regarding your next steps and help you every step of the way as you navigate complicated legal procedures. Their insight and experience will be invaluable as they navigate the legal process on your behalf and fight for fair compensation.

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