A subpar birthing procedure is truly unacceptable, as it can have a major impact on the mother as well as the baby. If your child or you are a victim of birth-related injury, you may be able to file a lawsuit against the concerned doctor or the hospital for their negligence. There is, however, a lot to understand before you decide to file a claim. Learn more here about the steps you can take in Tyrone to file a claim.
Establishing liability:
More or less like other personal injury claims, you have a timeline of almost three years to file a claim in Tyrone, if you were injured as a mother. If the child was harmed, you will have time till the 18th birthday of your child to file a lawsuit.
To file a claim, your lawyer will go over everything to determine who is liable for the birth injury. To do this, he or she may go through the medical records. Liability can also be established by witness testimony, assessments by health regulators, and expert opinions. This procedure can take a while in instances with many participants and complex issues.
So, what happens after it is determined who is liable? Your birth injury attorney notifies the parties at fault and gives them a Letter of Claim, allowing them to admit or reject responsibility. If the offer is accepted, the matter proceeds rapidly to settlement; if it is rejected, a court hearing is scheduled, which can make the process take years.
Calculating damages:
Following the finding of culpability, the Court determines the claimant’s damages by using information from medical professionals to ascertain the scope and duration of the harm sustained. Due to the nature of the injuries, participation from experts with limited access (pediatric, neurological, psychological, and long-term care) may be required in situations involving birth traumas. In disputed processes, the defense party may submit its own experts to refute assertions at this point.
The Court evaluates expert witness testimony to decide the proper amount of compensation, taking into account medical requirements (surgery, medication), as well as house modifications to improve the claimant’s quality of life.
Final thoughts:
Are you a victim of the negligence of a doctor or hospital staff in Tyrone? If yes, get the help of a birth injury lawyer right away to find a solution.