Fertility Law Group – Guiding Families Through the Legal Process After a Preventable Birth Injury
For parents facing the reality of a birth injury, the idea of pursuing legal action can feel overwhelming. Many families are already navigating medical appointments, therapy sessions, and emotional challenges. The thought of adding a lawsuit to the mix may seem daunting. However, filing a birth injury claim is not just about legal action—it’s about securing the financial resources needed to provide the best possible care for your child’s future.
At Fertility Law Group, we help families understand their legal rights and guide them through every step of the process. If your child’s injury was caused by medical negligence, holding the responsible parties accountable can help ensure they receive the lifelong care they need.
Step 1: Initial Consultation and Case Evaluation
The first step in a birth injury lawsuit is determining whether medical negligence played a role in your child’s injury.
During a free, confidential consultation, we:
- Listen to your story and concerns
- Review what happened during labor and delivery
- Identify potential signs of medical negligence
- Discuss whether your child may be eligible for compensation
Many parents don’t know whether malpractice occurred, and that’s okay. Our legal team works with medical experts to carefully evaluate the case and uncover any preventable mistakes.
Step 2: Reviewing Medical Records and Consulting Experts
If we believe medical negligence may have been a factor, we begin a detailed review of medical records, including:
- Fetal heart monitoring data
- Labor and delivery notes
- APGAR scores and newborn evaluations
- Neonatal intensive care unit (NICU) records
- Imaging and diagnostic reports
We also consult with medical experts, neurologists, and obstetricians who can determine whether the medical team followed proper procedures. These experts play a critical role in proving negligence in birth injury cases.
Step 3: Filing the Lawsuit
Once we gather enough evidence, we file a birth injury lawsuit on behalf of your family. This legal document, called a complaint, outlines:
- The details of what happened during birth
- The medical errors that caused the injury
- The damages your family has suffered
- The compensation being sought for your child’s care
The lawsuit is filed against the hospital, doctor, or medical provider responsible for the negligence.
Step 4: The Discovery Process
During discovery, both sides exchange information and gather additional evidence. This may involve:
- Depositions (interviews under oath) with doctors, nurses, and hospital staff
- Testimony from medical experts supporting your claim
- Further medical evaluations of your child’s condition
- Internal hospital policies and training records
Discovery allows us to strengthen your case and prepare for negotiations or trial.
Step 5: Negotiation and Settlement Discussions
Many birth injury cases are settled out of court, meaning the hospital or doctor’s insurance company agrees to pay compensation without going to trial.
Settlements can cover:
- Medical expenses, including therapy and future treatments
- Assistive devices and home modifications
- Special education services and learning support
- Future care costs, ensuring financial security
- Pain and suffering for both the child and parents
We negotiate aggressively to ensure families receive a fair settlement that provides for their child’s lifelong needs.
Step 6: Going to Trial (If Necessary)
If the hospital or doctor refuses to take responsibility or offer fair compensation, the case may go to trial. During the trial, we:
- Present medical evidence proving negligence
- Show how the birth injury has impacted your child’s life
- Use expert testimony to establish liability
- Seek full compensation for medical and financial losses
While trials can take longer, they can also result in higher compensation awards if negligence is proven in court.
How Long Does a Birth Injury Lawsuit Take?
The timeline for a birth injury lawsuit varies depending on the complexity of the case. Some cases settle within a year or two, while others take longer if they go to trial. We understand that families need financial support as soon as possible, so we work diligently to resolve cases efficiently while ensuring maximum compensation.
Why Families Pursue Legal Action
A birth injury lawsuit is about more than just financial compensation—it’s about holding medical providers accountable and ensuring your child receives the best possible care. Hospitals and doctors should be responsible for preventable mistakes, and filing a lawsuit can help prevent similar harm to other families.
If you are considering legal action after a birth injury, we are here to help. Please contact us for a free, confidential consultation to learn more about your rights and options.
