How to File a Birth Injury Lawsuit

Inadvertent errors made by nurses, doctors and other medical personnel during childbirth can lead to permanent birth injuries that require lifetime treatment and costly care. A lawsuit can assist in the payment of these costs and hold the responsible parties accountable.

An attorney will go through medical records and hire experts to determine if there was negligence. Experts will scrutinize medical evidence as well as deposition testimony.

Damages

Unexpected birth injuries can be devastating for a family and can cost a lot. They might require long-term medical treatment, medications or assistive devices. The compensation from a successful lawsuit may help them afford the care they require to have a better quality of life.

The amount of compensation a plaintiff will receive in a successful lawsuit for birth injury is determined by the severity of the injuries and the impact they have on his or her life. Compensation can be given for various kinds of damage. Economic damages are tangible and objective forms of damages. Loss of wages and medical expenses can be included.

Non-economic damages, on contrary, are not quantifiable and more subjective in nature. These damages can include discomfort and pain, disfigurement and loss of enjoyment of life and many more. Expert witnesses will present evidence to the jury which will help them identify these types of cases.

In most instances the victim will choose to negotiate with their attorney instead of going to trial. This is because trials can be costly, time-consuming and risky for both sides. Settlements, on the other hand allows both parties to avoid these risks and move on with their lives. Settlements can also award families compensation much ahead of a jury verdict.

Statute of limitations

When medical malpractice occurs families must have an attorney to help them. Lawyers can assist in the construction of a claim by requesting the medical records of the doctor or hospital involved in the birth injury attorney injury. These records should be requested as fast as possible to avoid them being lost or altered.

An experienced attorney may also consult with medical experts to determine if the doctor or hospital acted appropriately under the circumstances. They will also determine if the accident was the result of an error in medicine or negligence. To prevail in a medical malpractice lawsuit, the victim must prove that the doctor's behavior was not in accordance with the standard of care that is generally accepted for doctors of their type and specialization, and that the deviation directly caused the birth injury.

After the case has been sufficiently crafted and a lawyer will submit a package of demand to the malpractice insurance company for the hospital or doctor. The demand should include all documents and records supporting the claim. The insurance company is then able to accept the demand, or make an offer counter to it.

In these instances, victims are entitled to compensation for medical expenses as well as lost income, other damages, such as pain and suffering or punitive damages if the case is more grave. If the case is brought to court, the award must be approved by the court. However, the majority of cases end up being settled prior to trial. The trial process can be risky and stressful for plaintiffs, and judges and juries often give high verdicts to doctors and hospitals in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is crucial to begin the process as early as possible. This allows your attorney to gather evidence that is crucial and build a solid case for you. In addition, it will also prevent your doctor from destroying or altering essential documents.

Your attorney will obtain the medical records for your child and all those involved in the delivery of your child. They will also employ medical experts to analyze the records and define the standards of care. Typically, doctors are held to a higher standard than nurses, generalists or nurses because they have specialized training and birth injury law firm know-how.

Your legal team and you will have to establish the four components of a medical malpractice claim: duty, breach of duty, causation, as well as damages. You could receive financial compensation for economic and non-economic losses based on the strength of your case. In certain instances, a sloppy actions can result in punitive damages in order to punish the defendants for their actions.

After reviewing the evidence and negotiating with the defendants Your lawyer will then try to reach an agreement. This is a less-risky way to get compensation, but may not be possible for every case. If you can't reach an agreement with your lawyer, they will prepare for trial. The process will involve taking depositions. These are sworn statements that are an interview with an attorney.

Trial

Consult a Littleton birth injury attorney injury lawyer as soon as possible after the birth of your child. An experienced lawyer can analyze medical records, summon expert witnesses and build an effective case that results in the highest amount of compensation. Most attorneys offer free consultations and evaluations of cases, so there is no cost to speak with an attorney for an assessment of the possibilities for a valid medical malpractice claim.

A successful birth injury claim rests on proving that the defendant had a duty of reasonable care. This can be established by proving that the medical practitioner did not act with the level of skill and care required in their profession in similar circumstances. In the event that a doctor fails to act in accordance to this standard of treatment can result in injury, illness or death for the patient.

In most cases the plaintiff's team will depose the doctors and other medical professionals involved in the birth of the injured child. These statements are taken under oath, and then considered evidence.

In most cases, defendants will try to settle the case in order to avoid the risk that a jury verdict for medical malpractice could be very high. If a settlement is not reached, the case can be set for trial. During the trial, the jury will decide the amount of compensation that must be given to the plaintiff as well as any other parties involved in the case. This compensation can include future and past medical costs treatments, home modifications, therapy sessions, and other expenses associated with the condition of a child who has been injured.