How to File a Birth Injury Lawsuit

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

An attorney will determine if there was a case of negligence occurred through the review of medical records and retaining experts. The experts will review medical evidence and deposition evidence.

Damages

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

The amount of compensation a plaintiff can receive in a successful lawsuit for birth injury depends on the severity of the injuries and the impact they have on their lives. Compensation is offered for both economic and other types of injury. Economic damages are objective forms of damage that can be quantified and measured. They could include medical costs and lost wages.

Non-economic damages are subjective, and therefore less quantifiable. They can be characterized as injuries and pain, disfigurement, loss of enjoyment of life, and much more. Expert witnesses will provide evidence to the jury to assist them in determining the type of case.

It is important to remember that in a lot of cases, the lawyer and the victim will negotiate a settlement instead of going to trial. This is due to trials being expensive, time-consuming and risky for both parties. A settlement, on the other hand can allow both parties to avoid the risks and move on with their lives. Settlements are also a good way to provide compensation to families much earlier than a jury verdict.

Statute of limitations

Families require a lawyer by their side when medical malpractice occurs. An attorney can aid in the construction of the case by soliciting medical records from a hospital or doctor who was involved in the birth injury. These records should be sought as soon as possible, so that they are not lost or altered.

A medical professional can be consulted by a seasoned attorney to determine whether the hospital or doctor acted in the correct way in the circumstances. They will also determine whether the injury was caused by negligence on the part of a medical professional or a mistake. In order to be successful in a medical malpractice lawsuit, the victim will need to demonstrate that the doctor did not adhere to the standards of professional care for their type and specialization, and that this lapse caused the lafayette birth injury lawyer injury.

When the case is developed after which the attorney can submit a demand package to the hospital's or doctor's malpractice insurance company. The demand will contain all documents and birth injury records supporting the claim. The insurance company can then accept the demand, or offer an offer counter to it.

Victims of these cases can get compensation for medical bills or loss of income economic damages like pain and suffering, and punitive damages in the most egregious cases. If the case is taken to court, these awards must be approved by the court. However, the majority of cases are settled before 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 cases.

Preparation

It is important to begin the process of filing a lawsuit for birth injury as soon as you can. This will allow your lawyer to gather important evidence and create a solid case for you. It can also stop your medical provider changing or destroying documents necessary to your case.

Your attorney will obtain medical records for your child and the medical records for everyone who was involved in the delivery of your child. They will also hire medical experts to examine the records and determine the standards of care. Doctors are generally held to a higher standard of quality than generalists like nurses, since they have specific knowledge and training.

Your legal team and you will need to prove four elements in a medical malpractice case: duty, breach, causation and damages. You could be awarded an amount of money for economic and non-economic damage depending on the quality of your case. In some cases, egregious behavior could warrant punitive damages intended to punish defendants.

After analyzing the evidence, your attorney will engage with the defendants to try to reach a settlement. This is a less-risky way to secure compensation, but may not be possible for every case. If you fail to reach an agreement your lawyer will prepare for trial. This will involve taking depositions which are sworn statements that are in the form question-and-answer sessions with an attorney.

Trial

It is imperative to consult with a birth injury lawyer within the first few days after the birth of your child. A skilled lawyer can look over medical records, bring in expert witnesses and build an efficient case that will result in the maximum amount of compensation. Most attorneys offer free consultations or assessment of cases. This means that there is no charge to speak with a lawyer for an assessment of whether an actual claim for medical malpractice has been filed.

A successful birth injury case rests on proving that the defendant was in breach of the obligation to exercise reasonable care. This can be proved by proving the medical provider did not perform the level of skill and care that would have been expected in their profession in similar circumstances. Failure to adhere to this standard can lead to injuries, illness or even death for the patient.

In most cases the plaintiff's counsel will depose the doctors and other medical professionals involved in the birth of the child who was injured. These statements are made under oath before being considered evidence.

In most cases, the defendants will attempt to settle the case in order to avoid the risk that a jury verdict of medical malpractice could be high. If a settlement isn't feasible, the case could be set for trial. The jury will decide the amount of compensation that should be awarded to both the plaintiff and the other parties involved in the case. The amount could be a reimbursement for future and past medical expenses, home modifications, therapy sessions and other expenses related to the injured child's condition.