When a baby is born with a birth defect, it can be devastating for the parents and family. In many cases, birth defects are a matter of nature and they occur due to genetics or issues during the development of the fetus. However, there are instances where birth defects are caused by negligence or subpar medical care. For example, if a doctor prescribes a pregnant woman a medication that is dangerous for a developing fetus and the baby is born with a birth defect, the doctor may be liable. Likewise, if a baby suffers serious oxygen deprivation during delivery because the mother and child were not properly monitored, a lawsuit may be filed. If your child was born with a birth defect, take the following steps.
Gather Records
If you have reason to believe that your child's birth defect was caused by negligence or subpar medical care, it is essential to gather as much evidence as possible. The best source of evidence in this type of case is medical records. Take the time to gather your medical records from all medical professionals that you saw during your pregnancy. You will also need your medical records from your labor and delivery in the hospital. Do not forget to also collect all of your child's medical records from the moment of birth forward.
Hire an Experienced Birth Defect Lawyer
Birth defect lawsuits are not simple or straightforward. If you are interested in pursuing a birth defect lawsuit, you should not try to do so on your own — it is extremely important to hire an experienced and competent lawyer. When hiring a lawyer, make sure that you look for one who has experience with birth defect cases. A lawyer who has worked on these types of cases will be better equipped to represent you and ensure that you receive a fair settlement.
Be Prepared for Trial
In some cases, a birth defect lawyer may be able to negotiate a settlement before a case goes to court. This is the best-case scenario, and it is great when it happens. However, when you file a birth defect lawsuit, you need to be prepared for your case to go to trial. Depending on the complexity of your case and the type of birth defect your child suffered, the process may take a long time. Your birth defect lawyer will guide you through the process, let you know what to expect, and will arrange for expert witnesses to testify on your behalf.
For more information, reach out to a birth defect attorney today.
