How to File a Birth Injury Lawsuit

Negligent mistakes made by doctors, nurses and other medical staff during childbirth can lead to permanent birth injuries that require lifetime treatment and expensive care. A lawsuit could help pay these expenses and hold the accountable the responsible parties.

An attorney will look over medical records and consult with experts to determine whether there was any negligence. Experts will look over medical evidence and deposition testimony.

Damages

Unexpected birth injuries are not only traumatic for the family, but they can be costly in money. They could require long-term medical treatment as well as medications and assistive devices. Compensation from a successful lawsuit may enable them to receive the care they require to have a better quality of life.

The amount of damages that a plaintiff could receive in a successful lawsuit for birth injury is determined by the severity of the injuries and their impact on their lives. Compensation can be given for both economic and non-economic injuries. Economic damages are relatively objective forms of damage that can be quantified and measured. Medical expenses and lost wages are a possibility to include.

Non-economic damages are subjective and not quantifiable. They can be characterized by pain and discomfort, disfigurement and loss of enjoyment of life and many more. Expert witnesses will present evidence to the jury which will help them identify these types of cases.

In most cases, the victim will choose to negotiate with their attorney instead of going to trial. Trials are expensive, time-consuming and risky for both parties. A settlement allows both parties to move on with their lives and avoid these risks. Settlements also tend to offer families with compensation sooner than a jury verdict.

Statute of limitations

Families require a lawyer on their side when there is medical malpractice. A lawyer can aid in the creation of an argument by requesting medical records of the hospital or doctor that was involved in the birth injury. The records should be requested as soon as possible, so that they are not lost or altered.

A medical expert can be consulted by an experienced attorney to determine if a doctor or hospital acted in the correct manner under the circumstances. They can also determine if the accident was caused by negligence or a medical error. To prevail in a medical malpractice lawsuit the plaintiff must prove that the doctor deviated from the standard of care that is generally accepted for doctors of their type and specialty, and that the deviation directly caused the birth injury.

Once the case is sufficiently established, the attorney will submit an order to the hospital's or doctor's malpractice insurance provider. The demand will contain all the documentation and records supporting the claim. The insurance company will either accept the demand or issue an offer counter-offer.

In these cases, the victims may be awarded compensation for medical expenses or lost income, as well as non-economic damages like pain and suffering, or punitive damages if the case is more grave. The court must be able to approve these settlements if the case goes to trial. Most of these cases are settled prior to trial. The trial process can be risky and stressful for plaintiffs, and juries and judges often make high-value verdicts against doctors and hospitals in these cases.

Preparation

It is essential to start the process of suing for birth injuries as soon as possible. This allows your attorney to gather the necessary evidence and develop a convincing case for you. Additionally, it could also stop your doctor from destroying or altering required documents.

Your attorney will obtain your child's medical records and the medical records of every person involved in the child's birth injury attorney. They also will employ medical experts to look over the records and define the standards of care. Doctors are generally held to a higher degree of care than generalists, like nurses, since they have specific expertise and training.

Your legal team and you will have to prove four elements in a medical negligence case which are breach of duty, duty causation, duty and damages. You may be awarded financial compensation for economic or non-economic losses based on the quality of your case. In certain instances, a sloppy behaviour could warrant punitive damages to punish the defendants for their actions.

After analyzing the evidence, your lawyer will engage with the defendants in an effort to reach a settlement. This is usually a less risky way to obtain the amount you require, but it might not be possible in every case. If you are not able to come to an agreement with your lawyer, he will prepare for trial. This will involve taking depositions which are sworn statements that are in the form question-and-answer sessions with an attorney.

Trial

It is essential to consult an attorney for birth injuries immediately following the birth of the child. A seasoned lawyer can review medical records, engage expert witnesses and build an effective case capable of obtaining the maximum amount of compensation. A majority of lawyers offer free consultations or assessment of cases. This means that there is no cost to speak with a lawyer to determine whether an appropriate claim for medical malpractice exists.

The key to a successful birth injury lawsuit is to prove that the defendant owed an obligation of care. This is done by showing that the medical professional did not exercise the level of skill and prudence that would be expected in the profession under similar circumstances. In the event that a doctor fails to act with this standard of care could result in injury, disease or even death for 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 they are considered evidence.

In most cases, the defendants will try to settle the case in order to avoid the risk that a jury verdict of medical malpractice could be a high verdict. If a settlement cannot be reached, the case can be scheduled for trial. In the trial, the jury will decide on the amount of compensation that should be paid to the plaintiff and any other parties involved in the case. This amount can include compensation for future and past medical expenses, home modifications, therapy sessions, and other costs associated with the injured child's condition.