How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses and other medical personnel during childbirth can lead to permanent birth injury attorneys injuries that require lifetime medical treatment and expensive care. A lawsuit can help pay these expenses and hold the responsible parties to account.

An attorney will go through medical records and engage experts to determine if there was negligence. Experts will look over medical evidence and deposition testimony.

Damages

Birth injuries that are unexpected are not just traumatic for the entire family members, but can be costly in money. They could require long-term medical treatments, medications, and assistive devices. The money they receive from a successful lawsuit can allow them to afford the treatment they require to have a better quality of life.

The amount of compensation an individual plaintiff receives in successful birth injury lawsuit is contingent on how severe the injuries are and what impact they have had on their lives. Compensation is granted for both economic and non-economic injuries. Economic damages are generally objective forms of damage that can be quantified and measured. They can include medical expenses and lost wages.

Non-economic damages, on the contrary, are not measurable and more subjective in nature. These include injuries and pain, disfigurement, loss of enjoyment of life, and more. The jury will determine these damages based on evidence from experts.

In most cases, the victim will choose to negotiate with their attorney rather than go to trial. Trials are costly, time-consuming and risky for both parties. A settlement, on the other hand allows both parties to avoid the risks and move on with their lives. Settlements also tend to award compensation to families much ahead of a jury verdict.

Statute of limitations

Families require a lawyer by their side when there is medical malpractice. An attorney can assist in the development of an action plan by seeking medical records from the hospital or doctor that caused the birth injury. The documents should be requested as quickly as you can to avoid being lost or altered.

An experienced attorney can also consult with medical experts to determine if the doctor or hospital was able to act in the right way under the circumstances. They will also determine if the injury was due to medical negligence or a mistake. To be successful in a lawsuit for medical malpractice the plaintiff must prove that the doctor deviated from the generally accepted standards of care for professionals of their type and specialty, and that the deviation directly led to the birth injury.

After the case has been built after which the attorney can submit an appropriate demand form to the doctor's or hospital's malpractice insurance company. The demand will contain records as well as documentation to support the claim. The insurance company will either accept the demand or make an offer counter-offer.

Victims of these cases can receive compensation for medical expenses and loss of income economic damages like pain and suffering, and punitive damages in the most egregious cases. The court must be able to approve these compensations if the case goes to trial. However, most of these cases settle prior to trial. The trial process is risky and stressful for plaintiffs, and juries and judges often award high verdicts against doctors and hospitals in these cases.

Preparation

When you file a birth injury lawsuit, it is essential to begin the process as early as you can. This will allow your lawyer to gather crucial evidence and create a solid case for you. Additionally, it could also stop your medical provider from destroying or altering essential documents.

Your attorney will work to collect your child's medical record as well as the medical records of all those involved in your child's delivery. They will also employ medical experts to analyze documents and determine the standard of care. Doctors are generally held to a higher level of quality than generalists like nurses, as they have specific expertise and training.

Your legal team and you will have to establish the four components of a claim for medical malpractice which are duty, breach of that duty, causation, as well as damages. You could be awarded financial compensation for economic or non-economic losses based on the strength of your case. In certain instances, a sloppy conduct could result in punitive damages intended to punish the defendants for their actions.

After analyzing the evidence, your lawyer will meet with the defendants to reach a settlement. This is typically the least risky method to secure the compensation you need, but it might not be feasible in all cases. If you are not able to come to an agreement with your lawyer, he will prepare for trial. This may require depositions. These are sworn declarations that take the form of an interview with an attorney.

Trial

It is imperative to consult with a birth injury attorney immediately following the child's birth. An experienced lawyer can examine medical records, call experts to testify and create a strong case that is capable of obtaining the maximum amount of compensation. The majority of lawyers provide free consultations and evaluations of cases which means there is no cost to speak with an attorney to get an evaluation of the possibility for an appropriate medical malpractice claim.

The key to a successful birth injury lawsuit is to prove that the defendant was liable for an obligation of care. This can be proven by proving that a medical professional did not exercise the level of care and skill that would be expected in their field in 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 legal team representing the plaintiff will ask doctors and other medical professionals who were involved in the birth of the child who was injured. These statements are sworn under swearing under oath and considered evidence.

The defendants will usually attempt to settle the matter to avoid the risk of a high verdict for medical negligence. If a settlement is not possible, the case may be put on trial. The jury will decide the amount to be awarded to the plaintiff as well as other parties in the case. This compensation can include the future and past medical expenses, home modifications, therapies sessions, and any other expenses associated with an injured child's condition.