How to File a Birth Injury Lawsuit

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

An attorney will determine if negligence occurred through the review of medical records and hiring experts. Experts will look over medical evidence and deposition evidence.

Damages

Unexpected birth injuries aren't just traumatic for the entire family members, but they could also cost a significant amount of money. They could require long-term medical treatments as well as medications and assistive devices. A successful lawsuit could aid them in paying for the services they require to improve their lives.

The amount of damages a plaintiff receives in a successful birth injury lawsuit is contingent on how serious the injuries are and what impact they've had on their life. Compensation is offered for different types of injury. Economic damages are objective and quantifiable forms of damages. Medical expenses and lost wages are a possibility to include.

Non-economic damages are subjective and are not quantifiable. These include the suffering of others, disfigurement, loss of enjoyment of life, and so on. The jury will decide the damages of these types in light of evidence from expert witnesses.

In most instances, the victim will choose to negotiate with their attorney instead of going to trial. Trials are costly, lengthy and risky for both parties. Settlements allow both parties to continue their lives and avoid these risks. Settlements can also award families compensation much sooner than a jury verdict.

Statute of limitations

When medical malpractice occurs families should have a lawyer to help them. Lawyers can assist in the construction of claims by requesting medical records of the doctor or hospital which was responsible for the birth injury. The documents should be requested as fast as possible to prevent them from being lost or altered.

A medical professional can be consulted by an experienced attorney to determine if a doctor or hospital acted in the right way under the circumstances. They will determine if the ailment was the result of a medical mistake or negligence. In order to prevail in a medical malpractice suit the plaintiff will have to prove that the doctor violated the generally accepted standards of professional treatment for their specialty and type and that this deviation caused the birth injury.

When the case is enough crafted an attorney will send an application to the malpractice insurance company for the doctor or hospital. The demand will include all documents and records supporting the claim. The insurance company may accept the demand or make an offer to counter.

In these instances, victims are entitled to compensation for medical expenses as well as lost income, non-economic losses like suffering and pain or punitive damages, if the case is more than just a matter of. The court has to approve these damages if the case is going to trial. However, the majority of cases are settled before trial. Trials can be stressful and dangerous for plaintiffs. Jury members and judges award high verdicts in these cases.

Preparation

It is essential to begin the birth injury lawsuit process as soon as you can. This allows your lawyer to gather important evidence and build a strong case for you. It also stops your doctor from not destroying or altering documents that are required.

Your attorney will collect your child's medical record and the medical records of all those involved in the birth of your child. They will also engage medical experts to analyze documents and determine the standard of care. Usually, doctors are held to higher standards than nurses and generalists because they have specialized training and knowledge.

Your legal team and you will have to establish four elements in a medical negligence case which are breach of duty, duty and causation as well as damages. Based on the strength of your case you could be awarded financial compensation for both economic and non-economic damages. In some instances, unjust conduct may warrant punitive damage intended to punish defendants.

After evaluating the evidence and negotiating with defendants, your lawyer will try to reach an agreement. This is a less-risky way to receive compensation, however it is not always feasible in every case. If you do not reach an agreement, your lawyer will prepare for trial. This could involve taking depositions, which are sworn statements that are in the form question-and-answer sessions with an attorney.

Trial

It is imperative to consult with a lawyer for birth injuries within the first few days after the child's birth. A seasoned lawyer can look over medical records, interview experts to testify and create an argument that is capable of obtaining the maximum amount of compensation. Most attorneys offer free consultations or case evaluations. This means that there is no charge to speak with an attorney to determine whether there is a valid claim for medical malpractice exists.

A successful birth injury claim rests on proving that the defendant violated a duty of reasonable care. This is proven by showing that the medical practitioner did not exercise the proper degree of skill and care that is expected in the field under similar circumstances. Failure of a physician to comply in accordance to this standard of treatment could result in injury or death or illness for the patient.

In the majority of cases, the plaintiff's legal team will interview doctors and other medical professionals who were involved in the birth of the child injured. These statements are taken under oath and considered evidence.

The defendants will usually attempt to settle the case to keep from the possibility of a high jury verdict for medical malpractice. If a settlement cannot be reached, the case could be scheduled for trial. In the trial, the jury will determine the amount of compensation that should be awarded to the plaintiff and any other parties involved in the case. This amount can include compensation for past and future medical expenses as well as home modifications, therapy sessions and other costs related to the condition of the child who was injured.