WHAT IS THE PROCESS FOR BRINGING A BIRTH INJURY MEDICAL MALPRACTICE CASE AND HOW LONG DOES IT TAKE?
While each birth injury case is unique and requires personalized time and attention, there are some basic, general steps that apply in most cases:
STEP 1: INITIAL CONSULTATION
- We meet with you to discuss the factual specifics of your potential case.
- You tell us what happened during the pregnancy, labor, delivery, and in the hospital after delivery.
STEP 2: WE GATHER & ANALYZE MEDICAL RECORDS
- Next, we gather all of the medical records from the pregnancy, labor, delivery, and subsequent hospitalizations.
- We review and analyze the pre-natal records, the ultrasounds, the fetal heart rate monitor strip, the doctor’s progress notes, the nurse’s labor and delivery notes, and the hospital records.
STEP 3: WE PAY, AT OUR EXPENSE, TO HAVE MEDICAL EXPERTS (DOCTORS AND NURSES) REVIEW THE CASE TO GET AN EXPERT OPINION ON WHETHER THE CASE HAS MERIT.
STEP 4: WE ADVISE YOU OF OUR FINDINGS.
STEP 5: IF THE CASE HAS MERIT
- In meritorious cases, we next proceed to make a medical malpractice claim against the doctors, nurses, hospital, and/or other responsible healthcare providers. Often, this involves filing certain paperwork with the state board of medicine and then filing a lawsuit.
- Once a lawsuit is filed, we proceed to use the formal discovery process to learn all the necessary factual information.
- Then, if the opposing side will not settle, we proceed to try the case to a jury.
How Long Does All This Take?
A birth injury medical malpractice case is a very serious, time-consuming process. Anyone who tries to tell you otherwise is not being honest – there is no such thing as a “quick settlement” with these cases. In order to obtain the maximum amount of money damages possible, we must perform a thorough evaluation and workup of your case. If the case proceeds to litigation, that can be very time consuming as well. From start to finish, a birth injury claim can take as much as two years, sometimes longer. But, if you think of the lifetime of disability and impairment that a family will live with as a result of the medical malpractice, the time it takes to properly obtain the money damages to which the family and child are rightfully entitled is relatively short.