If your child has suffered a birth injury in Pennsylvania, you may be considering filing a lawsuit against the hospital or doctor responsible for the injury. Birth injuries can range from minor to severe, and they can have long-term physical, psychological, and financial consequences for your family. Knowing what to expect when bringing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. This guide will provide an overview of the steps to filing a birth injury lawsuit in Pennsylvania.
Step 1: Review the Statute of Limitations
The statute of limitations determines the amount of time you have to file a lawsuit in Pennsylvania. Generally, the statute of limitations for medical malpractice cases in Pennsylvania is two years. However, if your child was under the age of 18 when the injury occurred, the statute of limitations will not begin to run until they reach the age of 18. It is important to be aware of the statute of limitations to ensure that you do not miss the deadline to file your lawsuit.
Step 2: Collect Evidence
To build a strong case, you will need to collect evidence to prove your claim. This can include medical records, witness statements, and other forms of evidence that can prove that the hospital or doctor was negligent and caused your child’s injury.
Step 3: Set Up a Consultation with a Birth Injury Attorney
Once you have collected the necessary evidence, it is time to set up a consultation with a birth injury attorney. During the consultation, the attorney will review your evidence and discuss the potential for a successful lawsuit. It is important to choose an attorney that has experience handling birth injury cases in Pennsylvania.
Step 4: Determine Which Parties to Name in Your Lawsuit
It is important to determine which parties you will name in your lawsuit. Depending on the circumstances and the evidence, you may be able to name the hospital, doctor, or both in your lawsuit.
Step 5: File the Lawsuit
Once you have determined the parties to name in your lawsuit, you can file your lawsuit. This involves filing a complaint with the court and serving the defendants with the complaint. The defendants will then have a certain amount of time to respond to the complaint.
Step 6: Prepare for Mediation
Mediation is a process where the parties come together to try to resolve the dispute without going to trial. A mediator, who is usually a lawyer, will facilitate the mediation. The goal is to resolve the dispute as quickly and as amicably as possible.
Step 7: Prepare for Trial
If mediation is not successful, the case will go to trial. During the trial, both sides will present evidence and witnesses to prove their case. The judge or jury will then decide who is responsible for the birth injury.
Bringing a birth injury lawsuit in Pennsylvania can be a challenging and emotional process. Knowing the steps to filing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. It is important to consider the statute of limitations and to collect evidence, set up a consultation with a birth injury attorney, determine the parties to name in your lawsuit, file the lawsuit, prepare for mediation, and prepare for trial.
James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia. James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/