Having a baby is an exciting and magical thing, but it can quickly become stressful and traumatizing when you experience a birth injury. If you are filing a claim, here are some ways that you and your birth injury lawyer in Baltimore can prepare for your case.
Ask a Birth Injury Lawyer in Baltimore: 7 Crucial Steps to Build Your Case
1. Work with a Lawyer
You have the legal right and ability to represent yourself and your case. But this is usually not a good idea. You don’t have the same kind of training that a professional does. In addition, the stress of dealing with your baby’s injury can make it hard to properly build your case.
You should make sure that you are working with a qualified professional to help you build your case and present it to the court. They’ll also help you stay organized throughout the entire process, and allow you to focus on your family.
2. Know If You Have a Case
There are some injuries that your baby could sustain during birth that won’t necessarily count as medical malpractice. For example, your baby might experience some bruising on their face for a variety of reasons including passing through the birth canal or because of forceps used during the birth.
But some things certainly will count as birth injuries. Most lawyers will allow you to set up a free consultation with them. Take advantage of this and sit down with a lawyer to help determine if you have a case on your hands.
3. Gather Your Evidence
In any legal case, the burden of proof is upon the plaintiff. That means that since you are the one accusing the doctor or hospital you were at of medical malpractice resulting in a birth injury, it’s your job to prove that that really happened.
You do this by gathering evidence. There are several important pieces of evidence that you can gather to help prove that you experienced medical malpractice. Your lawyer will help you determine what will be useful evidence, and they’ll help you gather this evidence too.
4. Get an Expert Witness
Some medical malpractice cases can be difficult to prove. The evidence that you and your lawyer gather will be important to show to the courts to show that you really did experience medical malpractice. But sometimes these pieces of evidence aren’t enough on their own.
This is where your expert witness comes in. Experts witnesses are experts in their fields and can be hired to provide testimony that what happened to you wasn’t something that a competent doctor would have done. Your Baltimore birth injury lawyer will be able to find the right witness for your case.
5. File Everything on Time
Your case isn’t going to be considered if you don’t file the appropriate court documents when they need to be filed. This is why it’s so important to stay organized and ensure that you are doing everything on time.
Unfortunately, when you are dealing with a birth injury, keeping yourself organized can be challenging. That’s another important reason to work with a qualified lawyer. Your lawyer will be able to help you fill out the important paperwork, and they’ll make sure that all of it is filed appropriately and on time.
6. Be Prepared to Negotiate
When seeking out a settlement from the hospital, it’s important to know what a good settlement actually looks like. Your lawyer can give you a realistic idea of how much compensation you can expect from your case. The hospital’s insurance company may offer you an initial settlement, but understand that you don’t need to accept this.
If you and your lawyer decide that your case is worth more than what you are being offered, your lawyer can help you negotiate for a fairer settlement. You should be compensated for what you’ve been through, and your lawyer will ensure that you get the legal representation you need to achieve this.
7. Avoid Social Media Sites
For many people, posting to social media is a helpful way of letting friends and family know how they are doing. But a surprising number of court cases are lost simply because the plaintiff was posting on social media.
It’s a good idea to avoid these sites altogether if you want to make sure that your case is successful. Don’t post any photos, comments, or videos related to your case. And make sure that you never brag about how well the case is going, or what a big settlement you’re going to get out of it.
We trust our doctors to keep us safe, especially when we are welcoming a new life into the world. Experiencing medical malpractice can be especially traumatizing for this reason. Your lawyer will help support you during this difficult time and give you the legal representation you need.