How to File a Birth Injury Lawsuit

Negligent mistakes by nurses, doctors, and other medical professionals during childbirth can lead to permanent birth injuries that need lifetime treatment and expensive medical care. A lawsuit can help to pay these costs and hold responsible parties to account.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and engaging experts. Experts will analyze medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be extremely stressful for a family and cost an enormous amount. They could require long-term medical treatments, medications, and assistive devices. The compensation from a successful suit could allow them to afford the treatment they require to have a better quality of life.

The amount of damages that a plaintiff is awarded in a successful birth injury lawsuit is contingent on how serious the injuries are as well as the impact they have had on their life. Compensation can be given for both economic and non-economic damages. Economic damages are comparatively objective damages that can be quantified and measured. Medical expenses and lost wages are a possibility to include.

Non-economic damages are subjective, and therefore less quantifiable. They can be characterized as injuries and pain, disfigurement or loss of enjoyment life, and much more. The jury will decide these types of damages in light of evidence from expert witnesses.

In most instances, the victim will prefer to settle with their lawyer instead of going to trial. This is due to the fact that trials are costly, time-consuming and risky for both sides. Settlements, on other hand allows both parties to avoid these risks and move on with their lives. In addition, settlements usually provide families with compensation sooner than a jury verdict would.

Statute of limitations

If medical malpractice happens families should have an attorney on their side. Lawyers can assist in the construction of an argument by requesting medical records of the doctor or hospital which was responsible for the birth injury. These records should be requested as fast as is possible to avoid being lost or altered.

A medical professional can be consulted by a seasoned attorney to determine if the hospital or doctor acted in the correct way under the circumstances. They will determine if the injury was the result of an error in medicine or negligence. To be successful in a lawsuit for medical malpractice the plaintiff must prove that the doctor's actions were not in line with the generally accepted standards of care for doctors of their kind and specialty, and that the deviation directly led to the birth injury.

When the case is built and substantiated, the attorney will send a demand to the doctor's or birth injury lawsuit hospital's malpractice insurance provider. The demand will include documents and documentation that supports the claim. The insurance company will then either accept the demand or offer an offer counter to it.

In these instances, victims are entitled to compensation for medical expenses or lost income, as well as non-economic damage such as pain and suffering or punitive damages, if the case is more grave. The court must be able to approve these awards if the case goes to trial. However, most of these cases are settled before trial. The trial process is a risky and stressful for plaintiffs, and juries and judges often make high-value verdicts against hospitals and doctors in these kinds of cases.

Preparation

When you file a birth injury lawsuit, it is crucial to begin the process as early as possible. This will allow your lawyer to gather important evidence and build a strong case for you. Additionally, it could also help prevent your doctor from destroying or altering necessary documents.

Your attorney will collect the medical records for your child as well as for all the people involved in the birth of your child. They will also engage medical experts to analyze documents and determine the standard of care. Typically doctors are held to higher standards than generalists like nurses since they have specialized training and know-how.

You and your legal team will have to establish the four components of a claim for medical malpractice: duty, birth injury lawsuit breach of duty, causation, as well as damages. Depending on the severity of your claim you may be awarded financial compensation for both economic and non-economic damages. In some cases, egregious actions can warrant punitive damages which is intended to penalize defendants.

After evaluating the evidence, your lawyer will engage with the defendants to reach a settlement. This is a less risky way to secure compensation, but may not be possible for every case. If you don't reach an agreement, your lawyer will prepare for trial. This could involve taking depositions, which are sworn statements in the form of questions-and-answer sessions with an attorney.

Trial

It is essential to consult an attorney for birth injuries immediately following the birth of the child. An experienced lawyer will review medical records, summon experts to testify and create an effective case that will result in maximum compensation. The majority of lawyers provide free consultations or case evaluations. This means that there is no charge to speak with an attorney for an assessment of whether a valid claim for medical malpractice has been filed.

The key to a successful birth injury lawsuit is proving that the defendant was liable for a duty of care. This is established by showing that the medical practitioner did not exercise the proper degree of skill and care that is expected in the field under similar circumstances. The failure of a physician to act with this standard of care could cause injury, suffering or even death for a patient.

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

The defendants typically try to settle the case in order to avoid the risk of a high verdict for medical negligence. If a settlement isn't feasible, the case could be put on trial. During the trial, the jury will decide on the amount of compensation that must 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, home modifications, therapy sessions, and other costs associated with the injured child's condition.