If your baby has suffered a birth injury due to a medical professional’s negligence, you may be feeling overwhelmed and wondering how to move forward. Filing a lawsuit against the responsible medical provider can help secure compensation for damages caused by their carelessness and provide peace of mind that justice will be served.

While it sounds challenging, filing a birth injury lawsuit isn’t as intimidating as it seems when broken down into manageable steps. In this post, we'll walk you through the steps necessary to file a successful claim for compensation related to an infant's or newborn's birth injury resulting from malpractice.


1. Gather Evidence

In order to prove negligence and secure compensation, you must be able to provide evidence of the medical provider’s failure to meet their duty of care. This can include medical records, witness accounts, expert testimony from other medical professionals, and any documents related to your child’s condition. You may also want to document your own experiences with the medical provider, including any conversations or interactions you had. The more evidence you have to support your claim, the better.


2. Contact an Experienced Birth Injury Attorney

The next step is to get in touch with an experienced birth injury attorney to help evaluate your case and advise you of your legal options for pursuing compensation. An experienced lawyer can assess your situation, provide professional advice on how best to proceed, and guide you through the entire legal process.

When searching for a lawyer, look for someone who has experience handling birth injury cases specifically and is familiar with the laws in your state. The Tinker Law Firm PLLC, for example, specializes in birth injury law and has an experienced team of legal professionals that are knowledgeable about the medical malpractice laws, and can provide their clients with the best possible chance of a successful outcome.


3. File a Claim

Once you’ve gathered evidence, consulted an attorney and they have advised that there is a strong case for malpractice, it’s time to file a claim. This is the formal step of initiating a lawsuit against the medical provider for their negligence. When filing a claim, it helps to have the right paperwork in order. Your attorney will be able to advise you on which documents are necessary and how they should be filled out. Make sure all forms are completed correctly and filed within your state’s statute of limitations for medical malpractice cases.


4. Negotiate a Settlement or Take the Case to Court

Most birth injury claims never make it to court, as most medical providers are willing to negotiate a settlement out of court. Your attorney will be able to advise you on the best course of action and represent your interests in the negotiations. If a settlement is not reached or if the offer is deemed too low, then taking the case to court may be the only option. In this case, your attorney will represent you in court and present your case before a judge.


5. Take Care of Yourself

The loss of a baby or the injury of your newborn is devastating, and it’s important to take care of yourself throughout this process. It can be emotionally taxing, so it’s important to make sure you are getting enough rest and allowing yourself time to grieve if necessary. It may also help to find a support group or therapist that can provide emotional support during this difficult time.

These are the basic steps for filing a birth injury lawsuit, but it’s important to note that every case is different and will require its own specific strategy. An experienced attorney can help guide you through the process and provide you with the legal advice necessary to pursue your claim. If your child has suffered an injury due to medical malpractice, don’t hesitate to reach out for help. With the right legal assistance, you can seek justice and compensation for the harm done to your child.