How to File a Birth Injury Lawsuit

Negligent mistakes made by nurses, doctors and other medical personnel during childbirth can result in permanent birth injuries that require lifetime medical treatment and expensive care. A lawsuit could help pay these costs and hold accountable parties.

An attorney will go through medical records and engage experts to determine the extent of negligence. Experts will analyze medical evidence and deposition evidence.

Damages

Unexpected birth injuries can be very stressful for a family and cost an enormous amount. They could require long-term medical treatment, medication, or assistive devices. A successful lawsuit may allow them to pay for the care they require to improve their quality of living.

The amount of damages the plaintiff receives in a successful birth injury lawsuit depends on how severe the injuries are and the impact they have had on their life. Compensation can be granted for both economic and non-economic injuries. Economic damages are objective forms of damage that can be measured and quantified. These include medical expenses and lost wages.

Non-economic damages are subjective and not quantifiable. These damages could include pain and discomfort, impairment and loss of enjoyment of life, among others. Expert witnesses will provide evidence to the jury to assist them in determining the type of case.

It is important to note that, in many cases the attorney and the victim can reach a settlement instead of going to trial. Trials are expensive, time-consuming and risky for both parties. Settlements allow both parties to move on with their lives and to avoid these risks. Settlements are also a good way to provide families with compensation earlier than a jury decision.

Statute of limitations

When medical malpractice occurs families should have an attorney to help them. A lawyer can aid in the creation of an action by requesting medical records of the doctor or hospital which was responsible for the birth injury. The documents should be requested as quickly as is possible to avoid being lost or altered.

An experienced attorney can also consult with medical experts to determine whether the hospital or doctor acted appropriately under the circumstances. They will also determine whether the injury was caused due to negligence by a medical professional or an error. To win a medical malpractice suit the plaintiff will have to demonstrate that the doctor did not adhere to the accepted standards of professional care for their specialty and type and that the resulting deviation caused the birth injury.

Once the case has been sufficiently crafted the attorney will then submit an application to the malpractice insurance company of the hospital or doctor. The demand will include documents as well as documentation to support the claim. The insurance company will either accept the demand or make a counteroffer.

In these instances, victims may be awarded compensation for medical expenses as well as lost income, other damages, such as suffering and pain, or punitive damages if the case is more serious. If the case is taken to court, these awards must be approved by the court. Most of cases are settled prior to trial. Trials are stressful and risky for plaintiffs. Judges and juries give high verdicts in these cases.

Preparation

If you are filing a birth injury lawsuit, it is crucial to begin the process as early as possible. This allows your lawyer to gather vital evidence and create a solid case for you. Additionally, it could also prevent your doctor from destroying or altering important documents.

Your attorney will get your child's medical records and the medical records of everyone involved in the child's birth. They also will employ medical experts to review the records and define the standard of care. Doctors are usually considered to be held to a higher level of care than generalists, like nurses, as they have specialized knowledge and training.

You and your legal team will need to establish the four components of a medical malpractice case: duty, breach of that duty, causation, and damages. Depending on the severity of your claim you may be awarded financial compensation for both economic and non-economic damages. In certain cases, the most egregious behavior may warrant punitive damages that are intended to punish the defendants for their actions.

After analyzing the evidence, your attorney will negotiate with the defendants to settle. This is a less risky method to get compensation, but may not be possible for every case. If you don't reach an agreement the lawyer will prepare for trial. This will involve taking depositions that are sworn testimony in the form of question-and-answer sessions with an attorney.

Trial

Consult a birth injury lawyer as soon as you can after the birth of your child. An experienced lawyer will review medical records, invite experts to testify and create an efficient case that will result in the highest amount of compensation. A majority of lawyers offer free consultations or evaluations of cases. This means that there is no charge to meet with an lawyer to determine whether a valid claim of medical malpractice exists.

The most important aspect of a successful birth injury lawsuit is to establish that the defendant was liable for an obligation of care. This can be proven by proving that the medical professional did not exercise the level of care and competence that is expected in their profession in similar circumstances. Failure to follow this standard can result in injury, illness or even death for the patient.

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

In most cases, defendants will try to settle the case in order to minimize the risk that a verdict by a juror on medical malpractice could be high. If a settlement isn't possible, the case can be put on trial. At the trial, the jury will decide the amount of the compensation that should be paid to the plaintiff and any other parties in the case. This can include future and past medical costs, home modifications, therapies sessions, and any other costs associated with the condition of a child who has been injured.