How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses, and other medical personnel during childbirth could lead to permanent birth injuries that require lifetime medical treatment and costly treatments. A lawsuit can help cover these expenses and hold the accountable parties.

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

Damages

Unexpected birth injuries are not only devastating for the family members, but can be costly in money. They may need long-term medical treatment, medications, or assistive devices. A settlement from a successful lawsuit may allow them to afford the treatment they require to have a better quality of life.

The amount of compensation a plaintiff receives in a successful birth injury lawsuit depends on how serious the injuries are and the impact they have had on their life. Compensation is awarded for different types of harm. Economic damages are generally objective and can be measured and quantified. Loss of wages and medical expenses can be included.

Non-economic damages are subjective, and therefore less quantifiable. These can include injuries and pain, disfigurement as well as loss of enjoyment life, and many more. The jury will decide these types of damages by examining evidence from expert witnesses.

In a majority of instances, the victim will agree to a settlement with their attorney rather than going to trial. Trials are costly, time-consuming and risky for both parties. Settlements allow both parties to move on with their lives and avoid these risks. In addition, settlements usually offer families compensation faster than a jury would.

Statute of limitations

If medical malpractice is a problem, families need to have an attorney to help them. An attorney can assist in the development of an action plan by asking for medical records from the doctor or hospital involved in the birth injury. These documents must be requested as soon as possible to avoid them being lost or altered.

An experienced attorney can consult with medical experts to determine if the doctor or hospital performed their duties in the appropriate way given the circumstances. They will also determine whether the injury was due to negligence on the part of a medical professional or a mistake. To be successful in a lawsuit for medical malpractice the plaintiff must show that the doctor's behavior was not in accordance with the generally accepted standards of care for doctors of their type and specialty, and that the deviation directly caused the birth injury.

Once the case has been adequately crafted an attorney will send an order to the malpractice insurance company of the doctor or hospital. The demand will include all the documentation and records supporting the claim. The insurance company can then accept the demand, or offer an offer counter-instantially.

In these cases, the victims may be awarded compensation for medical expenses loss of income, non-economic losses like pain and suffering or punitive damages, if the case is more than just a matter of. If the case is taken to court, the awards must be approved by the court. However, most of these cases settle before trial. The trial process is risky and stressful for plaintiffs, and judges and juries frequently make high-value verdicts against doctors and hospitals in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is essential to begin the process as soon as you can. This will allow your lawyer to gather vital evidence and create a solid case for you. In addition, it will also stop your doctor from destroying or altering the necessary documents.

The attorney for your child will obtain medical records of your child and all others involved in the birth of your child. They will also hire medical experts to examine the records and define 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 need to prove four elements in a medical malpractice lawsuit that include breach of duty, breach of duty or breach of duty, causation or damages. Depending on the merits of your case you may be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust actions can result in punitive damages to punish the defendants for their actions.

After evaluating the evidence, your lawyer will negotiate with the defendants to try to settle. This is typically a less risky way to get the compensation you want, but it may not be possible in all cases. If you are unable to reach an agreement, your lawyer will prepare for trial. This will involve taking depositions which are sworn declarations in the form of question and answer sessions with an attorney.

Trial

It is essential to consult with a birth injury attorney as soon as possible after the birth of your child. An experienced lawyer can review medical records, call in expert witnesses and build an effective case that can result in the highest amount of compensation. A majority of lawyers offer free consultations and evaluations of cases and there is no charge to meet with an attorney for an assessment of the possibilities for a valid medical malpractice claim.

The key to a successful birth injury lawsuit is establishing that the defendant was liable for an obligation of care. This is established by showing that the medical professional did not exercise the level of care and skill which is expected of the profession under similar circumstances. A physician's failure to act in accordance with the standard of care can result in injury, disease or even death for the patient.

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

In the majority of cases, defendants will attempt to settle the case to avoid the risk that a jury verdict for medical malpractice could be excessive. If a settlement cannot be reached, the case may be set for trial. At the trial, the jury will decide on the amount of the compensation that should be paid to the plaintiff and any other parties in the case. The compensation could cover the future and past medical expenses and home modifications, therapies sessions, and any other expenses related to an injured child's condition.