How to File a Birth Injury Lawsuit

Mistakes made by doctors, nurses and other medical staff during childbirth may result in permanent birth injuries that require lifetime treatment and costly care. A lawsuit can help cover these expenses and hold the accountable parties.

An attorney will review medical records and employ experts to determine whether there was any negligence. Experts will look at medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be devastating for a family, and they can cost an enormous amount. They may require long-term medical treatments, medications, and assistive devices. The compensation from a successful suit could allow them to afford the treatment they require for a better quality of life.

The amount of damages a plaintiff can receive in a successful lawsuit for birth injury will depend on the severity of the injuries and the impact they have on the plaintiff's life. Compensation can be given for both economic and other types of harm. Economic damages are tangible and objective forms of damages. Medical expenses and lost wages can be included.

Non-economic damages are subjective and are not quantifiable. These include injuries and pain, disfigurement and loss of enjoyment of life, and more. The jury will decide these damages based on evidence from experts.

In many cases the victim will agree to agree to a settlement with their attorney rather than going to trial. Trials are expensive, time-consuming and can be dangerous for both parties. A settlement allows both parties to move on with their lives and avoid these risks. In addition, settlements typically award families with compensation much earlier than a jury verdict would.

Statute of limitations

Families require a lawyer on their side when there is medical malpractice. A lawyer can help build claims by requesting medical records of the doctor or hospital that was involved in the birth injury. The documents should be requested as swiftly as possible to prevent them from being lost or altered.

A medical professional can be consulted by a seasoned attorney to determine whether the hospital or doctor acted in the correct manner under the circumstances. They will also determine whether the injury was by mistakes or negligence on the part of the doctor. To be successful in a medical malpractice lawsuit the plaintiff must show that the doctor's behavior firm was not in accordance with the standards of care generally accepted for professionals of their type and area of expertise, and the deviation directly led to the birth injury.

After the case is sufficiently built and a lawyer will submit the demand form to the malpractice insurance company for the hospital or doctor. The demand will include all documentation and records that support the claim. The insurance company will either accept the demand or make a counteroffer.

In these cases, victims may be awarded compensation for medical expenses loss of income, non-economic losses like suffering and firm pain or punitive damages, if the case is more than just a matter of. The court must approve these compensations if the case goes to trial. Most of these cases are settled before trial. Trials are stressful and risky for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

It is essential to start the process of suing for birth injury as soon as you are able. This allows your lawyer to gather vital evidence and create a solid case for you. It can also stop your medical provider in destroying or altering important documents.

Your attorney will work to get your child's medical records as well as the medical records of all those involved in your child's delivery. They also will employ medical professionals to review the records and determine the standard of care. Doctors are usually held to a higher standard of standards than generalists such as nurses, because they have specific expertise and training.

Your legal team and you will have to establish four elements in a medical malpractice case: duty, breach causation, duty and damages. Depending on the severity of your claim, you may be awarded financial compensation for both economic and non-economic damages. In some cases, egregious behavior could warrant punitive damages designed to punish defendants.

After evaluating the evidence, your lawyer will engage with the defendants in an effort to reach a settlement. This is a less risky approach to get compensation, but could not be feasible in every case. If you do not reach an agreement your lawyer will prepare for trial. This could involve taking depositions which are sworn declarations in the form of question-and-answer sessions with an attorney.

Trial

Consult a lawyer for birth injuries as soon as you can after the birth injury lawyer of your child. An experienced lawyer can review medical records, call in expert witnesses and build an effective case that can result in maximum compensation. Many lawyers offer free consultations and evaluations of cases which means there is no charge to meet with an attorney to get an evaluation of the possibility for a valid medical malpractice claim.

A successful birth injury claim rests on the proof that the defendant had the duty of reasonable care. This can be proved by proving that a medical professional did not act with the level of care and competence that is expected in their profession under similar circumstances. The failure of a physician to act in accordance with this standard of care can result in injury, disease or even death for the patient.

In the majority of cases, the plaintiff's team will depose the doctors and other medical professionals who were involved in the birthing of the child who was injured. These statements are made under oath and Firm are considered evidence.

In the majority of cases, defendants will attempt to settle the case to reduce the chance that a jury verdict for medical malpractice could be very high. If a settlement is not feasible, the case could be set for trial. In the trial, the jury will decide the amount of compensation that must be given to the plaintiff as well as any other parties in the case. This can include compensation for future and past medical expenses including home modifications, therapy sessions, and other costs associated with the injury of the child.