How to File a Birth Injury Lawsuit

Mistakes made by doctors, nurses and other medical staff during childbirth can result in permanent birth injuries that require ongoing treatment and costly care. A lawsuit can help to pay these costs and hold accountable for the parties responsible.

An attorney will go through medical records and consult with experts to determine whether there was negligence. Experts will analyze medical evidence and deposition evidence.

Damages

Unexpected birth injuries aren't only difficult for the family members, but can be costly in money. They may require long-term medical treatment, medication, or assistive devices. A successful lawsuit could enable them to pay for the care they require to improve their quality of life.

The amount of damages that a plaintiff could receive in a successful lawsuit for birth injury is contingent upon the severity of the injuries and the impact they have on their lives. Compensation is awarded for all kinds of damage. Economic damages are comparatively objective types of damage that can be measured and quantified. Loss of wages and medical expenses are a possibility to include.

Non-economic damages are subjective and not quantifiable. These include disfigurement, pain and suffering or loss of enjoyment life, and many more. The jury will decide the amount of damages by examining evidence from expert witnesses.

In most cases the victim will agree to prefer to settle with their lawyer rather than going to trial. This is due to trials being expensive, time consuming, and dangerous for both sides. A settlement, on the other hand allows both parties to avoid these risks and move forward with their lives. In addition, settlements generally offer families compensation sooner than a jury verdict would.

Statute of limitations

Families require a lawyer by their side when there is medical malpractice. A lawyer can aid in the creation of a claim by requesting the medical records of the hospital or doctor that was involved in the birth injury. These records should be requested as quickly as you can to avoid being lost or altered.

An experienced attorney can also consult with medical experts to determine whether the hospital or doctor did the right thing under the circumstances. They will determine if the injury was caused by an error in medicine or negligence. To win a medical malpractice suit the plaintiff will have to prove that the doctor violated the generally accepted standards of professional treatment for their type and specialization, and that this deviation caused the birth injury.

When the case is constructed, the attorney will submit a demand to the doctor's or hospital's malpractice insurance carrier. The demand must include all documents and records supporting the claim. The insurance company will then accept the demand, or make a counteroffer.

Victims in these cases can receive compensation for medical expenses or loss of income non-economic damages such as suffering and pain, and punitive damages in more serious cases. If the case is taken to court, the awards must be approved by the court. However, most of these cases are settled before trial. Trials are stressful and risky for plaintiffs. Jury and judge verdicts are high verdicts in these cases.

Preparation

If you are filing a birth injury lawsuit, it is essential to begin the process as soon as you can. This allows your lawyer to gather critical evidence and build a strong case for you. In addition, it can also prevent your medical provider from destroying or altering necessary documents.

Your attorney will collect the medical records for your child and all those involved in the delivery of your child. They also will employ medical experts to review the records and establish the standards of care. In general, doctors are held to higher standards than nurses or generalists since they have specialized training and knowledge.

Your legal team must prove the four elements of a claim for medical malpractice such as breach of duty, causation, as well as damages. You could be awarded financial compensation for economic and non-economic losses based on the quality of your case. In some cases, egregious behavior may warrant punitive damages intended to punish the defendants for their actions.

After analyzing the evidence, your lawyer will engage with the defendants in an effort to settle. This is a less risky method to obtain compensation, but it is not always feasible in every case. If you are unable to reach an agreement, your lawyer will prepare for trial. This will require taking depositions. These are sworn declarations that can be described as an open-ended question and answer session with an attorney.

Trial

Get a birth injury lawyer on your side as soon as you can after the birth of your child. A seasoned lawyer can examine medical records, call expert witnesses and build an effective case capable of obtaining the maximum amount of compensation. Many lawyers offer free consultations and case evaluations and there is no charge to meet with an attorney to get an evaluation of the possibility for an appropriate medical malpractice claim.

A successful birth injury claim rests on the proof that the defendant violated a obligation to exercise reasonable care. This is done by proving that the medical professional was not exercising the proper level of skill and caution that would be expected in the field in similar circumstances. Failure to follow this standard can lead to injury, illness, or even death of the patient.

In most cases the legal team representing the plaintiff will question doctors and other medical professionals who were involved in the birth injury law firm of the injured child. These statements are made under oath, and then considered evidence.

In the majority of cases, defendants will attempt to settle the case in order to minimize the risk that a jury verdict for medical malpractice could be excessive. If a settlement is not reached, the case could be referred to trial. In the trial, a jury will determine the amount of compensation to be awarded to the plaintiff and any other parties in the case. This could include compensation for future and past medical expenses including home modifications, therapy sessions and other costs related to the child's injury.