How to File a Birth Injury Lawsuit

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

An attorney will examine medical records and hire experts to determine if there was negligence. The experts will examine the medical evidence and depositions.

Damages

Unexpected birth injuries can be very stressful for a family and can cost lots. They could require long-term medical treatments or medications as well as assistive devices. A settlement from a successful lawsuit can enable them to receive the care they require for a higher quality of life.

The amount of damages an individual plaintiff receives in successful birth injury lawsuit depends on how serious the injuries are and what impact they have had on their lives. Compensation is granted for both economic and non-economic injuries. Economic damages are objective forms of damage that can be quantified and measured. Loss of wages and medical expenses are a possibility to include.

Non-economic damages, on contrary, are not measurable and more subjective in the sense that they are more subjective in. They can be characterized as the suffering of others, disfigurement and loss of enjoyment of life, and more. Expert witnesses will provide evidence to the jury that will assist them in determining the type of case.

It is important to remember that, in many cases the lawyer and the victim will settle the case instead of going to trial. This is due to the fact that trials are expensive, time-consuming and risky for both sides. A settlement, on the other hand allows both parties to avoid the risks and move on with their lives. Settlements also tend to award families compensation much earlier than a jury decision.

Statute of limitations

Families require a lawyer on their side when medical malpractice occurs. An attorney can aid in the construction of the case by asking for medical records from the hospital or doctor that caused the birth injury. These records should be requested as soon as is possible and ensure that they're not lost or altered.

An experienced attorney can consult with medical experts to determine whether the hospital or doctor acted appropriately under the circumstances. They can also determine if the injury was the result of negligence or a medical error. To be successful in a lawsuit for medical malpractice the victim must demonstrate that the doctor's actions were not in line with the standard of care that is generally accepted for doctors of their kind and field of expertise, and that the deviation directly led to the birth injury.

Once the case is sufficiently constructed the attorney will then submit an appropriate demand form to the hospital's or doctor's malpractice insurance provider. The demand will contain all documents and records supporting the claim. The insurance company will either take the demand into consideration or make an offer to counter.

Victims in these cases could be awarded compensation for medical expenses and loss of income economic damages like suffering and pain, and punitive damages in more egregious cases. If the case is taken to court, the awards must be approved by the court. However, most of these cases settle 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 possible. This will allow your lawyer to gather evidence that is crucial and create a strong case for you. In addition, it can assist in preventing your medical provider from destroying or altering the necessary documents.

The attorney for your child will obtain medical records for your child as well as all other people involved in the delivery of your child. They also will employ medical professionals to review the documents and determine the standards of care. In general doctors are held to a higher standard than nurses, generalists or nurses because they have specialized training and know-how.

Your legal team and you will have to establish four elements in a case of medical malpractice that include breach of duty, breach of duty and causation as well as damages. Depending on the severity of your claim you may be awarded financial compensation for both economic and non-economic damages. In certain instances, birth injuries a sloppy conduct may warrant punitive damage which is intended to penalize defendants.

After evaluating the evidence and negotiating with the defendants the lawyer will attempt to reach a settlement. This is a less-risky way to obtain compensation, but it may not be possible for every case. If you are not able to reach an agreement with your lawyer, he will prepare for trial. This involves taking depositions that are sworn testimony in the form of questions-and-answer sessions with an attorney.

Trial

Contact a birth injury lawyer as soon as you can after the birth of your child. A seasoned lawyer can look over medical records, interview expert witnesses and build an argument that is capable of obtaining the maximum amount of compensation. A majority of lawyers offer free consultations and case evaluations which means there is no cost to speak with an attorney to get an assessment of the likelihood for an effective medical malpractice claim.

The most important aspect of a successful birth injury lawsuit is to establish that the defendant was liable for the duty of care. This is done by showing that the medical practitioner did not exercise the proper level of skill and caution that is expected in the profession under similar circumstances. Failure of a physician to comply in accordance to this standard of treatment could result in injury or suffering or even death for a patient.

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

The defendants usually try to settle the case to keep from the possibility of a high verdict for medical malpractice. If a settlement cannot be reached, the case could be put on trial. The jury will determine the amount to be paid to both the plaintiff as well as other parties in the case. The amount could be a reimbursement for past and future medical expenses including home modifications, therapy sessions and other expenses associated with the child's injury.