How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses and other medical personnel during childbirth can lead to permanent birth injuries that require ongoing treatment and expensive care. A lawsuit could help pay these costs and hold accountable the responsible parties.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and retaining experts. Experts will review medical evidence as well as deposition testimony.

Damages

Unexpected birth injuries are not only devastating for the family members, but can also cost a significant amount of money. They might require long-term medical treatment, medication or assistive devices. A successful lawsuit may allow them to pay for the medical care they need to improve their quality of living.

The amount of damages a plaintiff will receive in a successful lawsuit for birth injury attorney injury is determined by the severity of the injuries and their impact on his or her life. Compensation can be given for both economic and non-economic injuries. Economic damages are relatively objective and can be measured and quantified. Loss of wages and medical expenses are a possibility to include.

Non-economic damages, on the contrary, are not quantifiable and more subjective in nature. They may include disfigurement, pain and suffering or loss of enjoyment life, and more. The jury will decide the amount of damages according to evidence provided by expert witnesses.

It is important to note that in a lot of cases, the victim and their attorney will negotiate a settlement instead of going to trial. This is due to the fact that trials are costly, time-consuming, and risky for both parties. Settlements allow both parties to continue their lives without the risk. Settlements are also a good way to provide families compensation much earlier than a jury decision.

Statute of limitations

Families require a lawyer by their side when medical malpractice occurs. An attorney can assist in the development of the case by seeking medical records from the hospital or doctor involved in the birth injury. These documents must be requested as soon as you can to avoid being lost or altered.

An experienced attorney could also consult with medical experts to determine if the doctor or hospital acted appropriately under the circumstances. They can also determine if the injury was caused due to mistakes or negligence on the part of the doctor. To be successful in a lawsuit for medical malpractice the victim must demonstrate that the doctor acted in a manner that was contrary to generally accepted standards of care for doctors of their kind and area of expertise, and the deviation directly led to the birth injury.

After the case is sufficiently built an attorney will send the demand form to the malpractice insurance company for the hospital or doctor. The demand should include evidence and documentation that supports the claim. The insurance company is then able to accept the demand or make an offer counter-instantially.

Victims of these cases may be awarded compensation for medical expenses or loss of income non-economic damages like pain and suffering, and punitive damages in the most egregious cases. If the case is taken to court, the awards must be approved by the court. Most of cases are settled prior to trial. Trials are risky and stressful for plaintiffs and birth injuries judges and juries frequently make high-value verdicts against hospitals and doctors in these kinds of cases.

Preparation

It is important to begin the process of suing for birth injury as soon as possible. This allows your attorney to gather the necessary evidence and create a strong case for you. It also stops your medical provider in destroying or altering important documents.

Your attorney will obtain medical records for your child and the medical records of every person involved in the child's birth. They will also employ medical experts to look over documents and determine the standard of care. Doctors are usually held to a higher degree of standard than generalists like nurses, as they have specific expertise and training.

Your legal team and you will have to establish four elements in a medical negligence case which are breach of duty, duty causation, duty and damages. You may be awarded an amount of money for economic and non-economic damage depending on the quality of your case. In certain instances, a sloppy behavior can result in punitive damages that is designed to penalize defendants.

After analyzing the evidence, your lawyer will meet with the defendants in an effort to reach a settlement. This is usually an easier way to get the compensation you require, but it might not be feasible in all cases. If you do not reach an agreement your lawyer will prepare for trial. This involves taking depositions, which are sworn statements in the form of questions-and-answer sessions with an attorney.

Trial

It is crucial to speak with a birth injury lawyer as soon as possible after the child's birth. A skilled lawyer can look over medical records, call in experts to testify and create an effective case that results in maximum compensation. Most attorneys offer free consultations and case evaluations and there is no cost for a consultation with an attorney to get an assessment of the possibilities for an effective medical malpractice claim.

A successful birth injury case rests on the proof that the defendant was in breach of the duty of reasonable care. This is established by showing that the medical practitioner did not exercise the degree of skill and care that would be expected in the profession in similar circumstances. In the event that a doctor fails to act in accordance to this standard of treatment could cause injury, disease or even death for the patient.

In most cases the legal team representing the plaintiff will question doctors and other medical professionals who were involved in the birth of the child injured. These statements are sworn under an oath, and are considered evidence.

In most cases, defendants will try to settle the case to reduce the chance that a jury verdict of medical malpractice could be very high. If a settlement isn't possible, the case may be scheduled for trial. In the trial, the jury will decide on the amount of compensation that should be paid to the plaintiff and any other parties involved in the case. The amount could be a reimbursement for past and future medical expenses as well as home modifications, therapy sessions and other costs associated with the injured child's condition.