How to File a Birth Injury Lawsuit

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

An attorney will look over medical records and employ experts to determine whether there was negligence. Experts will examine medical evidence and deposition testimony.

Damages

Unexpected birth injuries are not just traumatic for the entire family members, but they could be costly in money. They could require long-term medical treatment, medications or assistive devices. A successful lawsuit can enable them to pay for the medical care they need to improve their quality of living.

The amount of damages that a plaintiff can receive in a successful lawsuit for birth injury depends on the severity of the injuries and their impact on the plaintiff's life. Compensation is awarded for both economic and birth injury attorney other types of injury. Economic damages are tangible and objective forms of damages. Medical expenses and lost wages can be included.

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

In many instances the victim will agree to settle with their attorney rather than go to trial. This is due to the fact that trials are costly, time-consuming and risky for both sides. Settlements allow both parties to continue their lives and avoid these risks. In addition, settlements usually offer families compensation faster than a jury would.

Statute of limitations

When medical malpractice occurs and families are liable, they need an attorney on their side. A lawyer can assist in establishing an argument by requesting medical records from the hospital or doctor who was involved in the birth injury. These records must be requested as soon as possible to avoid them being lost or altered.

An experienced attorney may also consult with medical experts to determine if the doctor or hospital did the right thing under the circumstances. They will determine if the ailment resulted from an error by a medical professional or negligence. To prevail 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 professionals of their type and specialization, and that the deviation directly led to the birth injury.

Once the case is sufficiently developed and substantiated, the attorney will send a demand package to the doctor's or hospital's malpractice insurance company. The demand will contain all documents and records supporting the claim. The insurance company can then accept the demand or make a counteroffer.

In these cases, victims may be awarded compensation for medical expenses as well as lost income, other damages, such as pain and suffering or punitive damages in the event that the case is more grave. The court must be able to approve these awards if the case goes to trial. The majority of these cases are settled before trial. Trials are stressful and risky for plaintiffs. Jury members and judges award high verdicts in these cases.

Preparation

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

Your attorney will obtain the medical records for your child as well as all other people involved in the delivery of your child. They will also engage medical professionals to review the records and determine the quality of care. Doctors are typically held to a higher standard of standard than generalists like nurses, as they have specialized knowledge and training.

Your legal team and you will need to prove four elements in a medical negligence case that include breach of duty, breach of duty or breach of duty, causation or damages. Depending on the merits of your claim you could be awarded financial compensation for both economic and non-economic damages. In certain instances, a sloppy conduct could result in punitive damages in order to punish the defendants for their actions.

After evaluating the evidence, your attorney will then negotiate with the defendants in an effort to settle. This is a less risky approach to secure compensation, but might not be feasible for every case. If you can't reach an agreement with your lawyer, they will prepare for trial. The process will involve taking depositions. These are sworn statements which can be described as a question-and-answer session with an attorney.

Trial

It is imperative to consult with a birth injury attorney within the first few days after the child's birth. A seasoned lawyer will be able to review medical records, consult experts to testify and create an effective case capable of obtaining maximum compensation. A majority of lawyers offer free consultations or case evaluations. This means that there is no cost to meet with an lawyer for an assessment of whether there is a valid claim for medical malpractice has been filed.

The key to a successful birth injury lawsuit is to establish that the defendant was liable for a duty of care. This is established by showing that the medical professional did not exercise the level of skill and caution that would be expected in the profession in similar circumstances. Infractions to this standard can result in injuries, illness or even death of the patient.

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

In most cases, defendants will attempt to settle the case to avoid the possibility that a jury verdict for medical malpractice could be high. If a settlement isn't possible, the case may be put on trial. The jury will determine the amount of compensation to be paid to both the plaintiff as well as other parties in the case. This could include compensation for future and past medical expenses as well as home modifications, therapy sessions and other costs associated with the injured child's condition.