Are you a victim of medical malpractice? Well, things can be tough. It’s not what you wished for. However, it has happened. So, what’s the way forward? Are you going to wallow on the stands? Are you going to suffer in silence? Well, this is one of the most critical points in your life. How you conduct yourself at this stage is very important. In particular, you should get it right when applying for birth injury claims. In this guide, you are going to familiarize yourself with the steps you need to successfully win claims from birth injuries.
Legal Requirements
Birth injury claims are very complex in nature. To get the right compensation, you must satisfy several aspects of the law. Hiring the right birth injury lawyer Baltimore is the right step to take. In particular, you should satisfy the following things:
Negligence
You must prove that the doctor was negligent when treating you.
Injury
You must show that the injury caused was foreseeable. The doctor failed to take appropriate precautions to prevent the injuries from happening.
Proving Negligence
You must prove that the doctor or hospital was negligent. In your submissions, you must show that, while treating you or performing a procedure, the doctor was negligent. Doctors are guided by a strict code of conduct. Any procedure or treatment they administer should be acceptable by the relevant bodies. Otherwise, the doctor will be considered negligent. However, you are not required to prove that negligence happened beyond doubt. You are only required to show that there was an element of negligence.
Proving Causation
Causation (the main cause of your injuries) is more complicated than negligence. For instance, consider a child suffering from cerebral palsy. Here, the hospital may elect to argue that the child was born sooner. However, they may also argue that this would not have had any difference in the outcomes because the injury happened during the early labor stages. According to experts, cerebral palsy is a complicated disease. Its causes are not well documented. This can make your case very complex to handle.
However, you shouldn’t just give up. It’s important to note that an adverse outcome doesn’t necessarily mean that there was negligence when administering treatment. You can also prove negligence. However, this doesn’t necessarily amount to a claim. This is because the loss may have been occasioned any something unforeseeable.
Make A Formal Complaint to Your Hospital
You should make a formal complaint with your hospital. Make them aware that you have suffered injuries on their hands. From here, the hospital will respond with details that will help build a strong case.
Hire A Lawyer
You need a lawyer to protect your rights. In particular, you need a medical malpractice lawyer. Provide him/her with the details regarding your case. This includes medical records, hospital reports, etc.
The Bottom-Line
Of course, birth injuries can happen to anybody. However, that does not absolve the medical facility from blame. In most cases, birth injuries happen because of medical malpractices. Thus, it’s your right to seek compensation. Use the above guide to apply for a birth injury-related claim.