How to File a Birth Injury Lawsuit

Negligent mistakes made by nurses, doctors and other medical personnel during childbirth may result in permanent birth injuries that require a lifetime medical treatment and expensive care. A lawsuit could help to pay for these expenses and hold those responsible accountable.

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

Damages

birth injury lawyer injuries that are unexpected are not only traumatic for the family members, but they can also cost a significant amount of money. They may need long-term medical treatment, medication or assistive devices. A successful lawsuit could help them afford to pay for the medical care they need to enhance their quality of life.

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

Non-economic damages, however, on the other hand, aren't quantifiable and are more subjective in the sense that they are more subjective in. These damages may include discomfort and pain, as well as impairment and loss of enjoyment of living, among others. Expert witnesses will present evidence for the jury that will help them determine these types.

In many instances the victim will prefer to settle with their lawyer rather than go to trial. Trials are costly, time-consuming and risky for both parties. A settlement, on the contrary lets both parties avoid these risks and continue with their lives. Settlements are also a good way to provide families with compensation earlier than a jury decision.

Statute of limitations

Families need a lawyer by their side when there is medical malpractice. A lawyer can assist in establishing claims by requesting medical records of the doctor or hospital that was involved in the birth injury. These records should be sought as soon as possible, so that they are not lost or altered.

An experienced attorney could also consult with medical experts to determine whether the hospital or doctor was able to act in the right way under the circumstances. They will also determine if the injury was caused by medical negligence or a mistake. To be successful in a medical malpractice lawsuit the victim must demonstrate that the doctor's actions were not in line with the standards of care generally accepted for professionals of their type and field of expertise, and that the deviation directly caused the birth injury.

When the case is adequately crafted and a lawyer will submit an application to the malpractice insurance company of the hospital or doctor. The demand will contain all documents and records supporting the claim. The insurance company will either accept the demand or issue an offer counter-offer.

In these cases, victims are entitled to compensation for medical expenses, lost income, non-economic damages like pain and suffering or punitive damages, if the case is more grave. If the case is brought to court, these awards must be approved by the court. The majority of these cases settle before trial. Trials are risky and stressful for plaintiffs and judges and juries often decide to award large verdicts against hospitals and doctors in these cases.

Preparation

It is essential to begin the birth injury lawsuit process as soon as you are able. This allows your attorney to gather crucial evidence and build a solid case for you. It also helps to prevent your doctor from destroying or altering necessary documents.

Your attorney will obtain medical records for your child as well as the medical records of all those involved in your child's delivery. They will also employ medical professionals to look over the records and determine the standard of care. Typically doctors are held to higher standards than nurses and generalists because they have specialized training and know-how.

Your legal team and you will need to prove four elements in a medical malpractice lawsuit which are breach of duty, duty and causation as well as damages. You could be awarded financial compensation for economic and non-economic injuries based on quality of your case. In certain circumstances, unjust conduct could result in punitive damages intended to punish the defendants for their actions.

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

Trial

It is imperative to consult with a birth injury lawyer as soon as you can after the child's birth. A seasoned lawyer will be able to look over medical records, interview experts and build a strong case that is capable of obtaining the maximum amount of compensation. The majority of lawyers provide free consultations and evaluations of cases and there is no charge to meet with an attorney for an evaluation of the possibility for an appropriate medical malpractice claim.

A successful birth injury lawsuit is based on proving that the defendant violated the duty of reasonable care. This is proven by showing that the medical practitioner did not exercise the proper level of skill and caution which is expected of the field in similar circumstances. Failure to adhere to this standard can lead to injury, illness, or even death of the patient.

In the majority of cases the legal team representing the plaintiff will ask doctors and other medical professionals who were involved in the birth of the injured child. These statements are made under oath and are considered evidence.

The defendants will typically attempt to settle the matter to avoid the risk of a large jury verdict for medical negligence. If a settlement is not reached, the case may be put on trial. At the trial, the jury will determine the amount of compensation to be awarded to the plaintiff and any other parties in the case. This could include future and past medical costs and home modifications, therapies sessions, and other expenses associated with the condition of a child who has been injured.