How to File a Birth Injury Lawsuit

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

An attorney will go through medical records and employ experts to determine the extent of negligence. The experts will examine medical evidence as well as deposition testimony.

Damages

Unexpected birth injuries can be very stressful for families and cost quite a bit. They may require ongoing medical treatment, medications or assistive devices. Compensation from a successful lawsuit may provide the medical care they require for a better quality of life.

The amount of compensation the plaintiff receives in a successful birth injury case is contingent on how severe the injuries are and the impact they have had on their lives. Compensation is awarded for both economic as well as non-economic injuries. Economic damages are quantifiable and objective forms of damages. These include medical expenses and lost wages.

Non-economic damages are subjective and less quantifiable. These damages could include discomfort and pain, as well as disfigurement, and loss of enjoyment of living, among others. The jury will determine these types of damages based on evidence from experts.

It is important to understand that in many cases, the client and their attorney will negotiate a settlement instead of going to trial. This is because trials can be expensive, time consuming, and risky for both parties. Settlements, on contrary, allows both parties to avoid the risks and move on with their lives. Settlements also tend to award families compensation much earlier than a jury decision.

Statute of limitations

Families require a lawyer at their side when there is medical malpractice. An attorney can aid in the construction of the case by soliciting medical records from a hospital or doctor involved in the birth injury attorneys injury. These records should be requested as soon as is possible in order to ensure they are not lost or altered.

An experienced attorney can also consult with medical experts to determine if the doctor or hospital did the right thing 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 victim must prove that the doctor's actions were not in line with the standard of care that is generally accepted for professionals of their type and specialization, and that the deviation directly caused the birth injury.

After the case has been established and substantiated, the attorney will send an appropriate demand form to the doctor's or hospital's malpractice insurance company. The demand will include documents and documentation that supports the claim. The insurance company will either accept the demand or issue an offer to counter.

Victims of these cases can get compensation for medical bills or loss of income economic damages like suffering and pain, and punitive damages in the most egregious cases. The court must approve these compensations if the case goes to trial. The majority of these cases are settled prior to trial. The trial process is a risky and stressful for plaintiffs, and judges and juries often decide to award large verdicts against doctors and hospitals in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is crucial to begin the process as soon as you can. This allows your lawyer to gather crucial evidence and build a strong case for you. It can also stop your doctor from changing or destroying documents necessary to your case.

The attorney for your child will obtain medical records of your child and all others involved in the delivery of your child. They will also engage medical experts to review documents and determine the standards of care. Typically, doctors are held to a higher standard than nurses or generalists since they are trained and knowledgeable in a specific area.

Your legal team and you will need to prove four elements in a case of medical malpractice which are breach of duty, duty causation, duty and damages. Depending on the severity of your case you may be awarded financial compensation for both economic and non-economic damages. In certain instances, a sloppy actions can warrant punitive damages intended to punish defendants.

After evaluating the evidence and negotiating with the defendants, birth injury lawsuit your lawyer will try to negotiate a settlement. This is a less-risky way to get compensation, but could not be feasible in every case. If you can't come to an agreement with your lawyer, he will prepare for trial. This may require depositions. These are sworn testimony that are an open-ended question and answer session with an attorney.

Trial

Consult a lawyer for birth injuries as shortly as you can after the birth of your child. An experienced lawyer will review medical records, bring in expert witnesses and build an effective case that can result in the maximum amount of compensation. Most attorneys offer free consultations or assessment of cases. This means that there is no charge to meet with an lawyer to determine whether an appropriate claim for medical malpractice has been filed.

A successful birth injury case hinges on the proof that the defendant violated the obligation to exercise reasonable care. This can be proved by proving that the medical professional did not exercise the level of care and skill required in their field in similar circumstances. Failure to follow this standard can lead to injury, illness or even death of the patient.

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

In most cases, the defendants will try to settle the case in order to reduce the chance that a verdict by a juror on medical malpractice could be a high verdict. If a settlement is not possible, the case may be scheduled for trial. The jury will decide the amount of money to be awarded to both the plaintiff and other parties in the case. This could include past and future medical costs, home modifications, therapies sessions, and any other expenses related to the condition of a child who has been injured.