How to File a Birth Injury Lawsuit

Inadvertent mistakes made by nurses, doctors and other medical personnel during childbirth can lead to permanent birth injuries that need lifetime treatment and costly care. A lawsuit can help to pay these costs and hold accountable parties.

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

Damages

Unexpected birth injuries aren't only difficult for the family, but they can be costly in money. They might require long-term medical care, medications, or assistive devices. The compensation from a successful lawsuit may help them afford the care they require for a better quality of life.

The amount of compensation the plaintiff receives in a successful birth injury lawsuit is contingent on how severe the injuries are as well as the impact they have had on their life. Compensation is granted for both economic and non-economic damage. Economic damages are objective types of damage that can be quantified and measured. Loss of wages and medical expenses are a possibility to include.

Non-economic damages are subjective and are not quantifiable. These can include injuries and pain, disfigurement or loss of enjoyment life, and so on. The jury will decide the damages of these types based on evidence from expert witnesses.

It is important to know that, in many cases the client and their attorney can reach a settlement instead of going to trial. This is due to the fact that trials are expensive, time-consuming and dangerous for both sides. A settlement allows both parties to move on with their lives and avoid the risks. In addition, settlements generally offer families compensation faster than a jury would.

Statute of limitations

Families need a lawyer by their side when medical malpractice occurs. An attorney can help build a case by requesting medical records from the hospital or doctor involved in the birth injury law firms injury. These records must be requested as soon as it is possible to ensure that they are not lost or altered.

A medical professional can be consulted by an experienced attorney to determine if a doctor or hospital acted in the correct way under the circumstances. They can also determine if the injury was caused by medical negligence or a mistake. To be successful in a lawsuit for medical malpractice the plaintiff must show that the doctor acted in a manner that was contrary to the standard of care that is generally accepted for professionals of their type and specialization, and that the deviation directly led to the birth injury.

After the case has been sufficiently built and a lawyer will submit an order to the malpractice insurance company of the hospital or doctor. The demand should include all records and documentation supporting the claim. The insurance company is then able to accept the demand or make an offer counter-instantially.

Victims of these cases can receive compensation for medical expenses, loss of income, non-economic damages like pain and suffering, and punitive damages in more serious cases. If the case is brought to court, the award must be approved by the court. However, the majority of cases settle before trial. Trials are risky and stressful for plaintiffs, and judges and juries typically award high verdicts against hospitals and doctors in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is important to start the process as soon as possible. This will allow your lawyer to gather crucial evidence and build a strong case for you. It also stops your doctor from not destroying or altering documents that are required.

Your attorney will collect the medical records for your child as well as for all the people involved in the birth of your child. They will also hire medical experts to review the records and determine the quality of care. Doctors are usually held to a higher level of standards than generalists like nurses, since they are trained and knowledgeable in their field.

Your legal team and you will have to establish the four components of a medical malpractice claim such as breach of duty, causation, and damages. Depending on the merits of your claim you may be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust actions can result in punitive damages to punish the defendants for their actions.

After analyzing the evidence, your lawyer will then negotiate with the defendants to try to reach a settlement. This is a less risky method to get compensation, but could not be feasible in every case. If you are unable to come to an agreement with your lawyer, they will prepare for trial. This may require depositions. These are sworn statements that can be described as a question-and-answer session with an attorney.

Trial

It is imperative to consult with a birth injury attorney as soon as you can after the birth of your child. A seasoned lawyer can review medical records, consult experts and build a strong case that is capable of obtaining the maximum amount of compensation. A majority of lawyers offer free consultations and case evaluations and there is no cost to meet with an attorney to get an evaluation of the possibility for an appropriate medical malpractice claim.

The most important aspect of a successful birth injury lawsuit is to prove that the defendant owed a duty of care. This can be established by proving the medical provider did not perform the level of skill and care that would have been expected in their profession under similar circumstances. Infractions to this standard can lead to injuries, illness or even death of the patient.

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

In the majority of cases, defendants will try to settle the case in order to reduce the chance that a jury verdict of medical malpractice could be excessive. If a settlement cannot be reached, the case may be set for trial. The jury will determine the amount of money to be awarded to the plaintiff and other parties in the case. This compensation can include past and future medical costs and home modifications, therapies sessions, and any other costs associated with an injury to a child.