How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses, and other medical professionals during childbirth can lead to permanent birth injuries that need lifetime treatment and expensive care. A lawsuit can help to pay for these expenses and hold the accountable parties accountable.

An attorney will determine if negligence occurred through reviewing medical records and hiring experts. The experts will examine medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be traumatic for a family and cost an enormous amount. They could require long-term medical treatments, medications, and assistive devices. Compensation from a successful suit could help them afford the care they need for a better quality of life.

The amount of compensation an individual plaintiff receives in 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 both economic and other types of injury. Economic damages are quantifiable and objective forms of damages. These can include medical expenses and lost wages.

Non-economic damages, however, on the contrary, are not measurable and are more subjective in their nature. These can include the suffering of others, disfigurement as well as loss of enjoyment life, and so on. The jury will determine these damages by examining evidence from experts.

It is important to understand that in a lot of cases, the client and their attorney will reach a settlement instead of going to trial. This is because trials can be costly, Birth injuries time-consuming and risky for both parties. Settlements, on other hand can allow both parties to avoid these risks and continue with their lives. In addition, settlements usually give families compensation much faster than a jury would.

Statute of limitations

Families need a lawyer by their side when there is medical malpractice. An attorney can help build an action plan by seeking medical records from the doctor or hospital involved in the birth injury. The records must be requested as soon as possible to avoid them being lost or birth injuries altered.

A medical professional can be consulted by a seasoned attorney to determine if a hospital or doctor acted the correct manner under the circumstances. They will also determine if the injury was caused by negligence on the part of a medical professional or a mistake. To be successful in a medical malpractice lawsuit the plaintiff must show that the doctor deviated from the standard of care that is generally accepted for doctors of their kind and field of expertise, and that the deviation directly led to the birth injury attorneys injury.

When the case is adequately crafted, an attorney will submit an order to the malpractice insurance company of the doctor or hospital. The demand should include evidence as well as documentation to support the claim. The insurance company will either accept the demand or issue an offer counter-offer.

Victims of these cases can receive compensation for medical expenses as well as loss of income, economic damages like pain and suffering, as well as punitive damages in more egregious cases. The court must approve these settlements if the case goes to trial. However, most of these cases settle prior to trial. The trial process is risky and stressful for plaintiffs and judges and juries often award high verdicts against doctors and hospitals in these kinds of cases.

Preparation

It is essential to begin the process of suing for birth injuries as soon as possible. This allows your lawyer to gather important evidence and build a strong case for you. It can also prevent your medical provider changing or destroying documents necessary to your case.

Your attorney will work to collect your child's medical record and the medical records of everyone involved in the birth of your child. They will also hire medical experts to examine the records and determine the standards of care. Typically doctors are held to a higher standard than nurses or generalists since they have specific training and expertise.

Your legal team and you will have to prove the four elements of a medical malpractice claim which are duty, breach of that duty, causation, and damages. You could be awarded financial compensation for economic or non-economic injuries based on strength of your case. In some cases, egregious behavior can result in punitive damages intended to punish defendants.

After reviewing the evidence and negotiating with defendants, your lawyer will try to negotiate a settlement. This is a less risky way to secure compensation, but may not be possible for every case. If you are not able to come to an agreement with your lawyer, he'll prepare for trial. The process will involve taking depositions. These are sworn testimony that take the form of a question-and answer session with an attorney.

Trial

It is imperative to consult with a birth injury lawyer as soon as possible after the birth of your child. An experienced lawyer can analyze medical records, summon experts to testify and create an effective case that will result in the highest amount of compensation. Many lawyers offer free consultations or evaluations of cases. This means that there is no cost to speak with an attorney to determine whether a valid claim of medical malpractice exists.

The most important aspect of a successful birth injury lawsuit is to prove that the defendant was liable for the duty of care. This is proven by showing that the medical professional was not exercising the proper level of care and skill that would be expected in the profession in similar circumstances. In the event that a doctor fails to act in accordance with this standard of care could result in injury, disease or even death for the patient.

In most cases the plaintiff's team will question the doctors and other medical professionals who were involved in the birth of the child who was injured. These statements are made under the oath and are considered to be evidence.

In the majority of cases, defendants will attempt to settle the case in order to reduce the chance that a jury verdict for medical malpractice could be high. If a settlement is not reached, the case could be scheduled for trial. At the trial, the jury will decide the amount of compensation to be awarded to the plaintiff and any other parties in the case. This can include past and future medical costs, home modifications, therapies sessions, as well as any other expenses related to an injured child's condition.