How to File a Birth Injury Lawsuit

Mistakes made by doctors, nurses, and other medical professionals during childbirth can result in permanent birth injuries that need lifetime treatment and costly care. A lawsuit can help pay these expenses and hold the accountable for the parties responsible.

An attorney will determine if negligence occurred through the review of medical records and retaining experts. The experts will review medical evidence and deposition testimony.

Damages

Unexpected birth injuries aren't only traumatic for the family members, but can also cost a lot of money. They may need long-term medical treatment, medication, or assistive devices. The money they receive from a successful lawsuit could help them afford the care they require for a better quality of life.

The amount of compensation a plaintiff receives in a successful birth injury lawsuit will depend on how severe the injuries are as well as the impact they have had on their lives. Compensation can be given for different types of damage. Economic damages are quantifiable and objective forms of damages. They can include medical expenses and lost wages.

Non-economic damages are subjective and are not quantifiable. These include pain and suffering, disfigurement, loss of enjoyment of life, and so on. The jury will decide these damages according to evidence provided by experts.

In many instances the victim will choose to negotiate with their attorney rather than going to trial. Trials can be costly, time-consuming and can be dangerous for both parties. Settlements, on contrary can allow both parties to avoid these risks and move forward with their lives. Settlements can also award families with compensation sooner than a jury verdict.

Statute of limitations

Families need a lawyer by their side when there is medical malpractice. An attorney can aid in the construction of the case by requesting medical records from the doctor or hospital involved in the birth injury. The records should be requested as soon as possible and ensure that they're not lost or altered.

A medical expert can be consulted by an experienced lawyer to determine if the hospital or doctor acted in the correct manner under the circumstances. They will also determine if the injury was caused due to negligence by a medical professional or an error. To be successful in a lawsuit for medical malpractice the victim must demonstrate that the doctor acted in a manner that was contrary to the standards of care generally accepted for doctors of their type and specialization, and that the deviation directly caused the birth injury.

Once the case has been enough crafted the attorney will then submit the demand form to the malpractice insurance company of the hospital or doctor. The demand should include all documentation and records that support the claim. The insurance company can then accept the demand or make an offer to counter.

Victims in these cases could receive compensation for medical bills and loss of income non-economic damages such as suffering and pain, and punitive damages for more serious cases. If the case is brought to court, the awards must be approved by the court. However, the majority of cases are settled before trial. Trials are stressful and risky for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

When you file a birth injury lawsuit, it is essential to begin the process as soon as you can. This allows your attorney to gather crucial evidence and develop a convincing case for you. In addition, it will also stop your doctor from destroying or altering important documents.

Your attorney will obtain your child's medical records as well as the medical records for everyone involved in the birth of your child. They also will employ medical professionals to review the documents and determine the standards of care. Doctors are typically held to a higher level of standards than generalists such as nurses, since they have specific knowledge and training.

Your legal team and you will need to prove four elements in a medical malpractice lawsuit which are breach of duty, duty or breach of duty, causation or damages. Depending on the strength of your case you could be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust behavior may warrant punitive damages intended to punish the defendants for their actions.

After evaluating the evidence and negotiating with defendants, your lawyer will try to reach an agreement. This is usually a safer way to secure the compensation you require, but it might not be possible in all cases. If you are unable to reach an agreement with your lawyer, they will prepare for trial. This involves taking depositions which are sworn declarations that are in the form question-and-answer sessions with an attorney.

Trial

Consult a birth injury lawyer as soon as you can following the birth of your child. An experienced lawyer can analyze medical records, invite experts as witnesses and develop an effective case that can result in the maximum amount of compensation. The majority of lawyers provide free consultations or assessments of cases. This means that there is no cost to speak with a lawyer to determine if an actual claim for medical malpractice has been filed.

The key to a successful birth injury lawsuit is to prove that the defendant owed a duty of care. This is proven by showing that the medical practitioner was not exercising the proper level of skill and prudence that is expected in the profession in similar circumstances. Failure to follow this standard could result in injury, illness or even death of the patient.

In most cases, the plaintiff's legal team will depose medical professionals and doctors who were involved in the birth of the child injured. These statements are taken on an oath, and are considered to be evidence.

In most cases, the defendants will attempt to settle the case in order to avoid the possibility that a jury verdict for medical malpractice could be high. If a settlement isn't possible, the case might be set for trial. In the trial, a jury will decide the amount of compensation that should be paid to the plaintiff and any other parties involved in the case. This could include future and past medical expenses, home modifications, therapies sessions, and other expenses relating to the condition of a child who has been injured.