How to File a Birth Injury Lawsuit

Negligent mistakes by nurses, doctors and other medical personnel during childbirth could lead to permanent birth injuries that need lifetime treatment and costly care. A lawsuit could help pay for those expenses and hold the parties responsible accountable.

An attorney will determine if there was a case of negligence occurred through the review of medical records and engaging experts. Experts will look over medical evidence and deposition evidence.

Damages

Unexpected birth injury attorneys injuries can be traumatic for a family and can cost quite a bit. They could require long-term medical treatment, medications or assistive devices. A successful lawsuit could allow them to pay for the medical care they need to enhance their quality of life.

The amount of compensation a plaintiff could receive in a successful lawsuit for birth injury attorneys injury depends on the severity of the injuries and the impact they have on their lives. Compensation can be awarded for both economic as well as non-economic injuries. Economic damages are objective and can be measured and quantified. Medical expenses and lost wages are a possibility to include.

Non-economic damages, on the other hand, aren't measurable and are more subjective in their nature. These include injuries and pain, disfigurement, loss of enjoyment of life, and many more. The jury will determine the damages of these types in light of evidence from experts.

It is important to know that in most cases, the victim and their attorney can reach a settlement instead of going to trial. Trials are costly, lengthy and risky for both parties. A settlement, on the contrary, allows both parties to avoid these risks and continue with their lives. In addition, settlements usually provide families with compensation earlier than a jury verdict would.

Statute of limitations

If medical malpractice is a problem, families need to have an attorney to help them. An attorney can aid in the construction of an argument by seeking medical records from the doctor or hospital involved in the birth injury. The documents should be requested as quickly as possible to avoid them 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 will also determine if the injury was caused by negligence on the part of a medical professional or a mistake. To be successful in a lawsuit for medical malpractice the plaintiff must show that the doctor's behavior was not in accordance with the generally accepted standards of care for doctors of their kind and field of expertise, and that the deviation directly led to the birth injury.

Once the case has been sufficiently crafted an attorney will send an application to the malpractice insurance company of the hospital or doctor. The demand will include records and documentation that supports the claim. The insurance company will either accept the demand or offer an offer to counter.

In these cases, the victims may be awarded compensation for medical expenses, lost income, non-economic damages like pain and suffering or punitive damages in the event that the case is more serious. If the case is brought to court, the awards must be approved by the court. However, the majority of cases end up being settled prior to trial. Trials are stressful and risky for plaintiffs. Jury and judge verdicts are high verdicts in these cases.

Preparation

It is crucial to begin the process of suing for birth injury as soon as you are able. This will allow your lawyer to gather important evidence and create a solid case for you. It can also prevent your medical provider in destroying or altering important documents.

Your attorney will work to collect your child's medical record as well as the medical records for birth injury attorney everyone involved in your child's delivery. They will also engage medical experts to analyze documents and determine the standard of care. Doctors are generally considered to be held to a higher level of quality than generalists like nurses, as they are trained and knowledgeable in their field.

Your legal team and you will need to prove four elements in a medical malpractice lawsuit that include breach of duty, breach of duty or breach of duty, causation or damages. Depending on the strength of your case you may be awarded financial compensation for both economic and non-economic damages. In some cases, egregious conduct may warrant punitive damage designed to punish defendants.

After analyzing the evidence, your lawyer will negotiate with the defendants to try to settle. This is typically a less risky way to secure the compensation you want, but it might not be feasible in every case. If you fail to reach an agreement your lawyer will prepare for trial. This may involve taking depositions that are sworn testimony in the form of questions-and-answer sessions with an attorney.

Trial

It is essential to consult with a birth injury attorney within the first few days after the birth of your child. An experienced lawyer can review medical records, summon experts to testify and create an effective case that can result in maximum compensation. The majority of lawyers provide free consultations or evaluations of cases. This means that there is no cost to speak with an attorney for an assessment of whether there is a valid claim of medical malpractice exists.

A successful birth injury lawsuit is based on proving that the defendant was in breach of the duty of reasonable care. This is demonstrated by proving that the medical provider did not exercise the level of care and skill which is expected of the field under similar circumstances. The failure of a physician to act in accordance with this standard of care could result in injury, death or illness for the patient.

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

In the majority of cases, defendants will attempt to settle the case in order to reduce the chance that a jury verdict for medical malpractice could be a high verdict. If a settlement is not possible, the case may be scheduled for trial. The jury will determine the amount to be awarded to both the plaintiff as well as other parties in the case. This could include past and future medical costs treatments, home modifications, therapy sessions, and other expenses related to an injured child's condition.