How to File a Birth Injury Lawsuit

Negligent mistakes made by nurses, doctors and other medical personnel during childbirth can result in permanent birth injuries that require ongoing treatment and expensive care. A lawsuit could aid in paying for these costs and hold the parties responsible accountable.

An attorney will review medical records and engage experts to determine whether there was negligence. Experts will scrutinize medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be very stressful for a family and can cost quite a bit. They could require long-term medical treatment, medication or assistive devices. The money they receive from a successful lawsuit could provide the medical care they need for a better quality of life.

The amount of compensation a plaintiff could receive in a successful lawsuit for birth injury attorney injuries will depend on the severity of the injuries and their impact on the plaintiff's life. Compensation can be awarded for both economic and non-economic damage. Economic damages are the most tangible and objective types of damages. These include medical expenses and lost wages.

Non-economic damages, on other hand, are less measurable and are more subjective in nature. These damages could include pain and discomfort, disfigurement, and loss of enjoyment of life, among others. The jury will determine these damages by examining evidence from expert witnesses.

It is important to remember that, in many cases the client and their attorney can reach a settlement instead of going to trial. Trials are costly, lengthy, and dangerous for both parties. Settlements, on other hand, allows both parties to avoid these risks and continue with their lives. Settlements can also award families with compensation sooner than a jury verdict.

Statute of limitations

Families need a lawyer by their side when medical malpractice occurs. A lawyer can assist in establishing an argument by requesting medical records of the doctor or hospital which was responsible for the birth injury. The records should be requested as fast as you can to avoid being lost or altered.

A medical expert can be consulted by an experienced attorney to determine whether the hospital or doctor acted in the correct manner under the circumstances. They will determine if the ailment resulted from negligence or a medical error. To prevail in a medical malpractice lawsuit the plaintiff must prove that the doctor's actions were not in line with generally accepted standards of care for doctors of their kind and specialization, and that the deviation directly led to the birth injury.

Once the case is sufficiently built after which the attorney can submit a demand to the hospital's or doctor's malpractice insurance company. The demand will contain records and other documentation to support the claim. The insurance company may accept the demand or offer an offer counter to it.

Victims of these cases can get compensation for medical bills, loss of income, non-economic damages such as pain and suffering, as well as punitive damages in the most egregious cases. The court has to approve these awards if the case goes to trial. However, most of these cases settle prior to trial. Trials are risky and stressful for plaintiffs and judges and juries frequently give high verdicts to hospitals and doctors in these cases.

Preparation

When you file a lawsuit for birth injuries, it is important to start the process as early as possible. This allows your attorney to gather the necessary evidence and create a strong case for you. In addition, it can assist in preventing your doctor from destroying or altering required documents.

Your attorney will obtain medical records for your child and the medical records of everyone involved in the birth of your child. They will also employ medical professionals to review the documents and birth injury Attorney determine the standards of care. Doctors are typically considered to be held to a higher level of standards than generalists like nurses, since they have specific knowledge and training.

Your legal team and you will need to prove four elements in a case of medical malpractice which are breach of duty, duty, causation and damages. Depending on the severity of your case you could be awarded financial compensation for both economic and birth injury attorney non-economic damages. In certain instances, a sloppy conduct could result in punitive damages that are intended to punish the defendants for their actions.

After analyzing the evidence and negotiating with the defendants, your lawyer will try to reach a settlement. This is usually an easier way to secure the compensation you require, but it might not be possible in every case. If you don't reach an agreement your lawyer will prepare for trial. This involves taking depositions which are sworn declarations in the form of question-and-answer sessions with an attorney.

Trial

It is imperative to consult with a birth injury attorney immediately following the child's birth. A seasoned lawyer can review medical records, engage experts as witnesses and construct a solid case capable of obtaining the maximum amount of compensation. Most attorneys offer free consultations or assessment of cases. This means that there is no charge to speak with an attorney to determine whether an actual claim of medical malpractice exists.

The most important aspect of a successful birth injury lawsuit is to prove that the defendant owed a duty of care. This is demonstrated by proving that the medical provider did not exercise the proper degree of skill and care that would be expected in the profession under similar circumstances. The failure of a physician to act with this standard of care could cause injury, suffering or even death for a patient.

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

The defendants will typically attempt to settle the case in order to avoid the risk of a large jury verdict for medical negligence. If a settlement isn't possible, the case can be scheduled for trial. The jury will decide 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 and home modifications, therapies sessions, as well as any other expenses relating to the condition of a child who has been injured.