The birth of a child should be an overwhelmingly happy occasion for parents. However, when children sustain injuries during birth, it can make the day unforgettable for all the wrong reasons.
Birth injuries caused by medical malpractice can result in severe medical conditions and permanent disability for the child, and significant medical bills and emotional trauma for the parents. If your child sustained a birth injury caused by improper treatment or care leading up to or during birth, you may be entitled to compensation.
Initial Consultation with a Medical Malpractice Lawyer
The first step in a medical malpractice case in Rhode Island is seeking a consultation with a qualified lawyer. During your initial consultation, the lawyer will review the facts of your case, discuss your child’s injury, explain who could be liable, and walk you through your options for seeking compensation.
To prepare for this consultation, you should gather medical records, healthcare provider notes, hospital discharge papers, and other information about your child’s condition. The more documentation you have, the better the attorney can evaluate your case.
Investigation and Expert Testimony
Once you hire a lawyer to handle your case, they’ll conduct a thorough investigation into the cause of your child’s birth injury. This investigation may include speaking to hospital staff, reviewing your medical records and other documents, and discussing your case with medical experts.
Medical expert testimony is crucial for medical malpractice cases. Your lawyer will likely get a medical expert to testify about whether malpractice occurred and how it occurred. Malpractice refers to when a medical provider (doctor, nurse, or other supporting medical staff) fails to uphold the standard of care they were legally required to provide you and your child.
Filing Your Lawsuit
If your lawyer and the medical expert determine that malpractice likely occurred, it’s time to file your lawsuit. Rhode Island’s statute of limitations gives victims three years to file lawsuits in Medical Malpractice cases.
Your lawyer can file your lawsuit on your behalf to make sure you don’t miss this crucial deadline. Missing the filing deadline usually results in the courts barring victims from seeking the compensation they need.
The Discovery Phase
After your lawsuit is filed, your case will enter the discovery phase. During this phase, both parties to the lawsuit will exchange information, and the medical provider’s lawyers may request that you sit down for a deposition or answer interrogatories.
A deposition is an in-person question-and-answer session conducted under oath. An interrogatory is similar, but conducted through written questions and answers. Your lawyer can help you prepare for your deposition or interrogatories and will be present during them.
Settlement Negotiations
Most birth injury malpractice cases end with a negotiated settlement before going to trial. After the discovery phase, your lawyer will attempt to negotiate a fair settlement with the at-fault medical provider’s insurance company that considers your child’s future medical costs.
Insurance companies sometimes use bad-faith tactics to get a leg up during settlement negotiations. This is why it’s vital that you hire an attorney with extensive experience handling medical malpractice cases and dealing with insurance companies.
Taking Your Case to Trial
Finally, if the medical provider’s insurance company doesn’t offer a fair settlement, your lawyer can take your case to trial to seek the maximum compensation. While trial is often a last resort, it’s important to prepare for the possibility that it will be necessary from the start.
Contact Our Rhode Island Medical Malpractice Lawyers If your child sustained injuries during birth, contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation with an experienced Rhode Island medical malpractice lawyer. Our lawyers will review the circumstances of your child’s birth injury and explain which parties we may be able to hold financially liable through a medical malpractice lawsuit.