Generally speaking, your child’s birth should be one of the happiest life moments you can experience. But, if you’ve been hurt during childbirth, it can cause some adverse side effects for you and your family. From the pain and suffering to the mental and physical health issues suffered as a result, the injury may change your life forever.
In that case, pursuing compensation can be the best way to support your needs and be able to move on with your life. Essentially, you can get compensated by filing a maternal birth injury claim against the at-fault party. It’s a type of personal injury claim that can be filed by an expecting mother who suffered injuries while giving birth due to the healthcare professional’s failure to exercise an appropriate standard of care.
Keep reading this article to learn how to pursue a maternal birth injury claim successfully.
1. Work With A Medical Negligence Solicitor
Unless you’re well-versed with the medical negligence laws in your state, you certainly require the assistance of a reliable medical negligence solicitor to handle the case for you. Given the complexity of bringing a maternal birth injury claim, you need their expertise and experience to ensure a successful case against the erring doctor.
Typically, a medical negligence solicitor by your side can help you in the following ways:
- Assess the facts of your case and offer valuable legal advice regarding your legal options;
- Prepare all the paperwork for filing a maternal birth injury claim;
- Advise you about the statute of limitations within which you should institute your claim to avoid losing your right to do so forever;
- Determine the true worth of your claim to ensure you get the proper compensation for all your economic and non-economic losses.
Moreover, working with a solicitor can be highly beneficial in establishing liability. In fact, the success of your maternal birth injury claim may depend on how the legal professional can prove the erring doctor’s negligence. To improve your chances of winning, the medical negligence solicitor should successfully demonstrate the following:
- The doctor had a duty to provide an appropriate standard of care to the patient.
- The doctor in question provided care that fell below the accepted standards by committing certain negligent acts.
- The care provided by the doctor directly caused the injury.
- Your injury has resulted in negative consequences, including pain and suffering, lost wages, medical bills, loss of enjoyment in life, and other similar conditions.
However, suppose you want to understand better how a medical negligence solicitor can help you achieve a more favorable outcome. In that case, you can check this out and other reliable resource websites for more information.
2. Seek Medical Attention To Treat The Injury
When filing a maternal birth injury claim, it’s essential to prove the direct relationship between the injury suffered and the negligence of the medical practitioner involved. Without such proof, you may have no valid and strong claim. Hence, to ensure you can successfully initiate a claim, it’s best to seek immediate medical attention from a competent doctor.
By doing this, the doctor can assess and determine the extent and severity of the injury caused by someone else’s negligence. For instance, they can order some diagnostic tests to determine whether the injury resulted from negligence committed during childbirth. Some common maternal birth injuries can include:
- Anal Fissures;
- Pelvic Injury;
- Vaginal Lacerations or Tears;
- Peripartum Emergencies;
- Post-Partum Hemorrhage;
- Prolapsed Uterus, and;
- Ruptured Uterus.
Once the doctor identifies the injury, they can develop a treatment plan for your healing and recovery. At this point, you can also ask for a copy of your medical records to substantiate your maternal birth injury claim.
3. Gather Evidence
Your maternal birth injury claim won’t succeed without solid evidence. Since this type of personal injury case is usually anchored on negligence, you need to collect certain pieces of evidence with the help of a legal professional. The purpose is to support your claim and enhance your odds of having a successful claim. Some common examples of evidence can include:
- Medical reports, including laboratory test results and prescription receipts;
- Photos or videos of the injury sustained;
- Testimonies from the people who have witnessed the incident;
- Expert testimonies from independent medical doctors and other professionals;
- Other forms of documentation to prove the case.
Dealing with a maternal birth injury claim can be confusing if you have no idea what to do in the first place. Without proper knowledge and preparation, you could compromise your chances of receiving the compensation you deserve and get back on your feet in no time.
Therefore, keep the information mentioned above in mind to ensure a more positive outcome. That way, you’ll not only obtain the justice you need but also have peace of mind knowing the at-fault party is held liable for your injury.