How to File a Birth Injury Lawsuit

Inadvertent mistakes made by doctors, nurses and other medical personnel during childbirth may result in permanent birth injuries that require a lifetime medical attention and costly treatment. A lawsuit can help to pay these costs and hold accountable the responsible parties.

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 testimony.

Damages

Unexpected birth injuries can be very stressful for a family and can cost an enormous amount. They may require long-term medical treatments, medications, and assistive devices. A successful lawsuit may allow them to pay for the care they require to improve their quality of life.

The amount of compensation that a plaintiff is awarded in a successful birth injury lawsuits injury lawsuit depends on how severe the injuries are, as well as the impact they have had on their life. Compensation is awarded for both economic and other types of injury. Economic damages are objective and can be quantified and measured. Loss of wages and medical expenses can be included.

Non-economic damages, however, on the other hand, are less measurable and are more subjective in the nature of. They may include the suffering of others, disfigurement, loss of enjoyment of life, and more. The jury will determine the damages of these types by examining evidence from expert witnesses.

In most instances the victim will prefer to settle with their lawyer instead of going to trial. This is because trials can be costly, time-consuming and dangerous for both sides. A settlement allows both parties to move on with their lives and to avoid these risks. Additionally, settlements often offer families compensation faster than a jury would.

Statute of limitations

Families require a lawyer at their side when there is medical malpractice. A lawyer can assist in establishing the case by asking for medical records from the hospital or doctor who was involved in the birth injury. The records should be sought as soon as possible, so that they are not lost or altered.

A medical expert can be consulted by an experienced attorney to determine if the hospital or doctor acted the correct manner under the circumstances. They can also determine if the accident resulted from a medical mistake or negligence. In order to prevail in a medical negligence suit the plaintiff will have to prove that the doctor violated the standards of professional care in their particular area of expertise and type and that this lapse caused the birth injury.

Once the case is sufficiently built the attorney will then submit an order to the hospital's or doctor's malpractice insurance company. The demand will include records and other documentation to support the claim. The insurance company will then accept the demand, or offer an offer to counter.

In these cases, the victims may be awarded compensation for medical expenses loss of income, non-economic damages like suffering and pain, or punitive damages if the case is more serious. If the case goes to court, these awards must be approved by the court. However, the majority of cases end up being settled prior to trial. The trial process can be risky and stressful for plaintiffs and judges and juries frequently award high verdicts against hospitals and doctors in these cases.

Preparation

When you file a birth injury lawsuit, it is crucial to begin the process as early as you can. This will allow your lawyer to gather evidence that is crucial and develop a convincing case for you. It can also stop your medical provider changing or birth injury destroying documents necessary to your case.

The attorney for your child will obtain medical records for your child and all those involved in the birth of your child. They also will employ medical experts to look over the records and determine the standards of care. Doctors are typically held to a higher degree of care than generalists, such as nurses, since they have specific expertise and training.

Your legal team and you will need to establish four elements in a case of medical malpractice including breach, duty, causation and damages. Based on the strength of your claim you could be awarded financial compensation for both economic and non-economic damages. In certain cases, the most egregious behavior can result in punitive damages intended to punish defendants.

After analyzing the evidence and negotiating with the defendants and the defendants, your lawyer will attempt to reach a settlement. This is typically an easier way to secure the compensation you're seeking, however it may not be possible in all cases. If you do not reach an agreement the lawyer will prepare for trial. This will require taking depositions. These are sworn testimony that are an interview with an attorney.

Trial

It is imperative to consult with a birth injury attorney as soon as possible after the birth of your child. A seasoned lawyer will be able to review medical records, consult expert witnesses and build a strong case that is capable of obtaining the maximum amount of compensation. Many lawyers offer free consultations and case evaluations which means there is no cost to meet with an attorney to get an assessment of the possibilities for an effective medical malpractice claim.

A successful birth injury case rests on proving that the defendant was in breach of a obligation to exercise reasonable care. This can be proven by proving the medical provider did not act with the level of care and skill that would be expected in their profession under similar circumstances. In the event that a doctor fails to act in accordance with the standard of care could result in injury or suffering or even death for a patient.

In most cases, the plaintiff's legal team will question doctors and other medical professionals who were involved in the birth of the child 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 avoid the possibility that a jury verdict for medical malpractice could be very high. If a settlement is not reached, the case could be referred to trial. The jury will determine the amount of compensation to be awarded to the plaintiff and the other parties involved in the case. The compensation could cover the future and past medical expenses as well as home modifications, therapy sessions, and other costs associated with an injured child's condition.