How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses and other medical personnel during childbirth may result in permanent birth injuries that need lifetime medical treatment and expensive care. A lawsuit could assist in the payment of these costs and hold the responsible parties accountable.

An attorney will determine if there was a case of negligence occurred by reviewing medical records and hiring experts. Experts will analyze medical evidence and deposition evidence.

Damages

Unexpected birth injuries are not only difficult for the family members, but they can also cost a significant amount of money. They may require long-term medical treatment, Vimeo medications, or assistive devices. A successful lawsuit could enable them to pay for the treatment they require to improve their quality of life.

The amount of damages a plaintiff could receive in a successful lawsuit for birth injuries is determined by the severity of the injuries and the impact they have on their lives. Compensation is offered for both economic and other types of damage. Economic damages are tangible and objective forms of damages. They can include medical expenses and lost wages.

Non-economic damages, on the contrary, are not quantifiable and are more subjective in nature. They may include the suffering of others, disfigurement, loss of enjoyment of life, and much more. Expert witnesses will provide evidence for the jury that will assist them in determining the type of case.

In many cases the victim will settle with their attorney instead of going to trial. Trials can be costly, time-consuming and risky for both parties. A settlement, on the contrary allows both parties to avoid these risks and move forward with their lives. Settlements can also award compensation to families much earlier than a jury verdict.

Statute of limitations

Families require a lawyer on their side when medical malpractice occurs. A lawyer can help build an action by requesting medical records of the hospital or doctor that caused the birth injury. These records should be requested as soon as it is possible, so that they are not lost or altered.

A medical professional can be consulted by an experienced attorney to determine if the doctor or hospital acted in the correct manner under the circumstances. They can also determine if the injury was due to negligence on the part of a medical professional or a mistake. To be successful in a medical malpractice lawsuit the plaintiff must prove that the doctor's actions were not in line with the standard of care that is generally accepted for doctors of their type and specialization, and that the deviation directly led to the birth injury.

When the case is developed and Vimeo substantiated, the attorney will send a demand package to the doctor's or hospital's malpractice insurance company. The demand will contain records and other documentation to support the claim. The insurance company is then able to accept the demand, or make an offer counter-instantially.

In these cases, victims are entitled to compensation for medical expenses loss of income, non-economic damages like suffering and pain or punitive damages in the event that the case is more serious. The court must accept these compensations if the case goes to trial. The majority of these cases settle before trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

It is essential to start the process of suing for birth injuries as soon as possible. This will allow your lawyer to gather important evidence and build a strong case for you. In addition, it can also help prevent your medical provider from destroying or altering the essential documents.

Your attorney will obtain the medical records for your child and all others involved in the delivery of your child. They will also employ medical professionals to review the documents and determine the standards of care. Typically, doctors are held to higher standards than generalists like nurses since they have specialized training and know-how.

Your legal team and you will need to prove the four elements of a medical negligence claim that include breach of duty, causation, as well as damages. You may receive financial compensation for economic and non-economic damage depending on the quality of your case. In some cases, egregious behavior could warrant punitive damages designed to punish defendants.

After evaluating the evidence and negotiating with the defendants, your lawyer will try to negotiate an agreement. This is usually a safer way to receive the compensation you're seeking, however it might not be possible in all cases. If you are unable to reach an agreement with your lawyer, he will prepare for trial. This will involve taking depositions. These are sworn declarations that are a question-and answer session with an attorney.

Trial

Get a birth injury lawyer on your side as shortly as you can after the birth of your child. A seasoned lawyer can review medical records, consult experts to testify and create an effective case capable of achieving maximum compensation. A majority of lawyers offer free consultations or evaluations of cases. This means that there is no charge to meet with an lawyer to determine if an appropriate claim for medical malpractice exists.

The key to a successful birth injury lawsuit is proving that the defendant was liable for an obligation of care. This is demonstrated by proving that the medical provider was not exercising the proper level of skill and prudence which is expected of the profession under similar circumstances. Failure of a physician to comply in accordance to this standard of treatment could cause injury, death or illness for the patient.

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

In most cases, the defendants will attempt to settle the case to avoid the risk that a verdict by a juror on medical malpractice could be excessive. If a settlement cannot be reached, the matter may be referred to trial. The jury will determine the amount to be paid to both the plaintiff and other parties in the case. This amount can include compensation for past and future medical expenses including home modifications, therapy sessions, and other costs associated with the injured child's condition.