How to File a Birth Injury Lawsuit

Negligent mistakes made by nurses, doctors and other medical personnel during childbirth can lead to permanent birth injuries that require a lifetime treatment and costly care. A lawsuit can help to pay these expenses and hold the responsible parties to account.

An attorney will determine if negligence occurred through reviewing medical records and engaging experts. Experts will review medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be very stressful for a family and can cost a lot. They could require long-term medical treatments or medications as well as assistive devices. A settlement from a successful lawsuit can provide the medical care they require for a better quality of life.

The amount of damages the plaintiff receives in a successful birth injury lawsuit is contingent on how serious the injuries are as well as the impact they've had on their lives. Compensation can be awarded for both economic and non-economic injuries. Economic damages are objective and can be quantified and measured. Loss of wages and medical expenses are a possibility to include.

Non-economic damages are subjective and not quantifiable. They may include the suffering of others, disfigurement and loss of enjoyment of life, and many more. Expert witnesses will provide evidence for the jury that will help them determine these types.

It is important to note that in many cases, the attorney and the victim will negotiate a settlement instead of going to trial. This is because trials can be costly, time-consuming and risky for both sides. Settlements allow both parties to move on with their lives and avoid these risks. In addition, settlements typically provide families with compensation faster than a jury would.

Statute of limitations

Families require a lawyer by their side when there is medical malpractice. A lawyer can help build an argument by requesting medical records of the doctor or hospital which was responsible for the birth injury. These records must be requested as soon as is possible to ensure that they are not lost or altered.

An experienced attorney can also consult with medical experts to determine whether the hospital or doctor attorneys was able to act in the right way under the circumstances. They will also determine if the accident was the result of an error by a medical professional or negligence. In order to win a medical malpractice lawsuit the victim needs to demonstrate that the doctor did not adhere to the standards of professional treatment for their specialty and type and that the deviation led to the birth injury.

Once the case has been enough crafted and a lawyer will submit a package of demand to the malpractice insurance company for the doctor or hospital. The demand will contain records as well as documentation to support the claim. The insurance company is then able to accept the demand or offer a counteroffer.

In these instances, victims are entitled to compensation for medical expenses loss of income, non-economic damage such as suffering and pain or punitive damages in the event that the case is more serious. If the case goes to court, the award must be approved by the court. However, most of these cases settle prior to trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

When you file an injury lawsuit against a birth injury attorney, it is essential to begin the process as soon as possible. This allows your lawyer to gather important evidence and create a solid case for you. It also helps to prevent your doctor from destroying or altering necessary documents.

Your attorney will get your child's medical records and the medical records of everyone involved in the child's birth. They will also hire medical experts to analyze the records and determine the standards of care. In general doctors are held to a higher standard than generalists like nurses since they are trained and attorneys knowledgeable in a specific area.

Your legal team and you will have to establish four elements in a medical negligence case which are breach of duty, duty and causation as well as damages. Based on the strength of your case you may be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust behavior may warrant punitive damages that are intended to punish the defendants for their actions.

After evaluating the evidence, your attorney will meet with the defendants in an effort to settle. This is a less risky approach to receive compensation, however it is not always feasible in every case. If you are unable to reach an agreement, your lawyer will prepare for trial. The process will involve taking depositions. These are sworn statements which take the form of an open-ended question and answer session with an attorney.

Trial

Consult a birth injury lawyer as soon as possible after the birth of your child. An experienced lawyer will be able to look over medical records, interview experts to testify and create a strong case that is capable of obtaining maximum compensation. Most attorneys offer free consultations and evaluations of cases There is no cost for a consultation with an attorney to get an assessment of the likelihood for an appropriate medical malpractice claim.

The most important aspect of a successful birth injury lawsuit is to establish that the defendant was liable for an obligation of care. This is demonstrated by showing that the medical practitioner was not exercising the proper level of care and skill which is expected of the field in similar circumstances. A physician's failure to act in accordance to this standard of treatment could result in injury, illness or death for the patient.

In the majority of cases, the plaintiff's team will depose the doctors and other medical professionals involved in the birthing of the child who was injured. These statements are made under oath, and they are considered to be evidence.

The defendants typically try to settle the case to keep from the possibility of a large jury verdict for medical malpractice. If a settlement is not reached, the case may be scheduled for trial. In the trial, the jury will determine the amount of compensation that should be awarded to the plaintiff and any other parties involved in the case. This compensation can include future and past medical expenses treatments, home modifications, therapy sessions, as well as any other costs associated with the condition of a child who has been injured.