How to File a Birth Injury Lawsuit

Negligent mistakes by doctors, nurses, birth injury attorney and other medical professionals during childbirth could lead to permanent birth injuries that need lifetime treatment and costly care. A lawsuit could help pay for those expenses and hold the parties responsible accountable.

An attorney will examine medical records and consult with experts to determine if there was negligence. Experts will scrutinize medical evidence and deposition testimony.

Damages

Unexpected birth injury lawyers injuries aren't just traumatic for the entire family members, but can be costly in money. They may require long-term medical treatment or medications as well as assistive devices. A successful lawsuit can enable them to pay for the medical care they need to improve their quality of life.

The amount of compensation a plaintiff can receive in a successful lawsuit for birth injuries is determined by the severity of the injuries and their impact on his or her life. Compensation can be awarded for both economic as well as non-economic damages. Economic damages are tangible and objective forms of damages. They could include medical costs and lost wages.

Non-economic damages are subjective and not quantifiable. These damages can include pain and discomfort, disfigurement and loss of enjoyment of living and many more. Expert witnesses will provide evidence to the jury which will aid them in determining these types.

It is important to note that, in many cases the lawyer and the victim will reach a settlement instead of going to trial. Trials are costly, lengthy and potentially dangerous for both parties. Settlements, on contrary, allows both parties to avoid these risks and move forward with their lives. Settlements also tend to award families with compensation much earlier than a jury verdict.

Statute of limitations

If medical malpractice is a problem families should have an attorney on their side. An attorney can help build an argument by soliciting medical records from a hospital or doctor involved in the birth injury. The records should be requested as fast as is possible to avoid being lost or altered.

An experienced attorney could also consult with medical experts to determine whether the hospital or doctor performed their duties in the appropriate way given the circumstances. They can determine if the injury was the result of an error in medicine or negligence. To win a medical malpractice lawsuit, the victim will need to prove that the doctor violated the generally accepted standards of professional care in their particular area of expertise and type and that this deviation caused the birth injury.

When the case is adequately crafted an attorney will send an order to the malpractice insurance company of the doctor or hospital. The demand will contain all documentation and records that support the claim. The insurance company will then accept the demand, or offer an offer counter to it.

Victims in these cases could receive compensation for medical expenses as well as loss of income, non-economic damages such as suffering and pain, and punitive damages in more egregious cases. If the case is brought to court, these awards must be approved by the court. Most of these cases are settled prior to trial. The trial process is risky and stressful for plaintiffs and judges and juries often decide to award large verdicts against doctors and hospitals in these kinds of cases.

Preparation

It is essential to begin the process of filing a lawsuit for birth injury immediately. This will allow your lawyer to gather crucial evidence and create a solid case for you. It also helps to prevent your doctor from in destroying or altering important documents.

Your attorney will obtain the medical records of your child as well as all other people involved in the delivery of your child. They will also engage medical professionals to look over the records and determine the standard of care. Doctors are usually considered to be held to a higher level of care than generalists, like nurses, since they have specialized knowledge and training.

Your legal team will have to demonstrate the four elements of a medical malpractice case that include breach of that duty, causation, and damages. You could receive the financial compensation you deserve for economic and non-economic damages based on the quality of your case. In certain cases, the most egregious actions can result in punitive damages intended to punish the defendants for their actions.

After analyzing the evidence, your lawyer will meet with the defendants in an effort to settle. This is a less risky approach to secure compensation, but might not be feasible for every case. If you do not reach an agreement your lawyer will prepare for trial. The process will involve taking depositions. These are sworn statements that take the form of an open-ended question and answer session with an attorney.

Trial

It is essential to consult with a birth injury attorney immediately following the child's birth. A seasoned lawyer can examine medical records, call experts and build a solid case capable of achieving maximum compensation. Many lawyers offer free consultations or assessment of cases. This means that there is no charge to speak with a lawyer to determine whether a valid claim for medical malpractice is filed.

The key to a successful birth injury lawsuit is to establish that the defendant was liable for the duty of care. This can be proved by proving that the medical professional did not exercise the level of care and skill that would have been expected in their profession in similar circumstances. A physician's failure to act in accordance to this standard of treatment can result in injury, illness or death for the patient.

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

In most cases, defendants will attempt to settle the case to minimize the risk that a jury verdict of medical malpractice could be excessive. If a settlement is not reached, the matter may be referred to trial. At the trial, the jury will determine the amount of compensation that must be given to the plaintiff as well as any other parties involved in the case. The compensation could cover future and birth injury attorney past medical expenses, home modifications, therapies sessions, and other expenses related to an injured child's condition.