How to File a Birth Injury Lawsuit

Unfortunate mistakes made by nurses, doctors and other medical personnel during childbirth could result in permanent birth injuries that require a lifetime of treatment and expensive care. A lawsuit can help pay these expenses and hold the accountable for the parties responsible.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and retaining experts. Experts will look over medical evidence and deposition evidence.

Damages

Unexpected birth injuries can be extremely stressful for a family and cost lots. They could require long-term medical treatments as well as medications and assistive devices. The money they receive from a successful lawsuit can allow them to afford the treatment they require for a higher quality of life.

The amount of compensation a plaintiff can receive in a successful lawsuit for birth injury depends on the severity of the injuries and their impact on the plaintiff's life. Compensation can be awarded for both economic and non-economic damage. Economic damages are quantifiable and objective forms of damages. These can include medical expenses and lost wages.

Non-economic damages are subjective and firms not quantifiable. They can be characterized as disfigurement, pain and suffering, loss of enjoyment of life, and much more. Expert witnesses will present evidence to the jury to aid them in determining these types.

In a majority of instances the victim will prefer to settle with their lawyer instead of going to trial. This is due to trials being costly, time-consuming and risky for both sides. A settlement allows both parties to continue their lives without the risk. In addition, settlements usually award families with compensation much sooner than a jury verdict would.

Statute of limitations

If medical malpractice happens and families are liable, they need an attorney on their side. A lawyer can aid in the creation of an argument by requesting medical records of the doctor or hospital that caused the birth injury. The documents must be requested as soon as possible to prevent them from being lost or altered.

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

After the case has been adequately crafted and a lawyer will submit a package of demand to the malpractice insurance company for the hospital or doctor. The demand should include evidence and documents that support the claim. The insurance company will either take the demand into consideration or firms make an offer to counter.

In these cases, the victims can receive compensation for medical expenses loss of income, non-economic damage such as pain and suffering or punitive damages in the event that the case is more serious. The court must approve these awards if the case goes to trial. However, most of these cases end up being settled prior to trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries give high verdicts in these cases.

Preparation

It is essential to begin the process of suing for birth injury immediately. This allows your attorney to gather evidence that is crucial and create a strong case for you. It can also stop your doctor from not destroying or altering documents that are required.

Your attorney will work to collect your child's medical record and the medical records of all those involved in the child's birth. They will also employ medical experts to look over the records and define the standard of care. Doctors are usually held to a higher level of quality than generalists such as nurses, since they have specialized knowledge and training.

You and your legal team must demonstrate the four elements of a medical malpractice case such as breach of duty, causation, and damages. Depending on the merits of your claim you may be awarded financial compensation for both economic and non-economic damages. In certain instances, a sloppy behaviour could warrant punitive damages in order to punish the defendants for their actions.

After analyzing the evidence and negotiating with defendants, your lawyer will try to negotiate an agreement. This is typically the least risky method to secure the compensation you need, but it might not be feasible in every case. If you are unable to reach an agreement with your lawyer, they will prepare for trial. This may require depositions. These are sworn testimony that are a question-and answer session with an attorney.

Trial

Contact a birth injury lawyer as soon as you can following the birth of your child. An experienced lawyer will review medical records, summon expert witnesses and build an efficient case that will result in maximum compensation. Most attorneys offer free consultations and case evaluations which means there is no charge to meet with an attorney for an assessment of the potential for an appropriate medical malpractice claim.

A successful birth injury case hinges on proving that the defendant acted in accordance with the obligation to exercise reasonable care. This can be established by proving that the medical professional did not perform the level of skill and care required in their field in similar circumstances. Failure to follow this standard could result in injury, illness, or even death for the patient.

In most cases the plaintiff's counsel will depose the 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 to be evidence.

The defendants usually try to settle the case to keep from the possibility of a high jury verdict for medical malpractice. If a settlement is not feasible, the case could be put on trial. In the trial, a jury will determine the amount of compensation that should be given to the plaintiff as well as any other parties in the case. The amount could be a reimbursement for future and past medical expenses and home modifications, therapy sessions and other expenses related to the injury of the child.