How to File a Birth Injury Lawsuit

Negligent mistakes by doctors, nurses, and other medical personnel during childbirth can result in permanent birth injuries that need lifetime treatment and expensive care. A lawsuit could help pay these expenses and hold the accountable parties.

An attorney will look over medical records and engage experts to determine the extent of negligence. Experts will scrutinize medical evidence and deposition testimony.

Damages

Birth injuries that are unexpected are not only difficult for the family members, but they can be costly in money. They may need long-term medical treatment, medication or assistive devices. A successful lawsuit can aid them in paying for the services they require to improve their quality of living.

The amount of damages that a plaintiff is awarded in a successful birth injury lawsuit is contingent on how severe the injuries are, as well as the impact they have had on their life. Compensation can be granted for both economic and non-economic harm. Economic damages are quantifiable and objective forms of damages. Loss of wages and medical expenses can be included.

Non-economic damages are subjective and less quantifiable. These damages could include pain and discomfort, impairment and loss of enjoyment of living as well as other types of damages. The jury will decide the amount of damages based on evidence from expert witnesses.

In a majority of cases the victim will prefer to settle with their lawyer rather than going to trial. This is because trials can be expensive, time consuming, and risky for both sides. Settlements allow both parties to move on with their lives and to avoid these risks. Additionally, settlements often award families with compensation much sooner than a jury verdict would.

Statute of limitations

Families require a lawyer by their side when medical malpractice occurs. An attorney can assist in the development of an action plan by seeking medical records from the hospital or doctor who was involved in the birth injury. These records should be requested as fast as is possible to avoid being lost or altered.

An experienced attorney can 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 win a medical malpractice case, the victim will need to prove that the doctor violated the generally accepted standards of professional care for their specialization and type, and that the deviation led to the birth injury attorneys injury.

After the case has been established and substantiated, the attorney will send an appropriate demand form to the hospital's or doctor's malpractice insurance company. The demand will include all documentation and records that support the claim. The insurance company is then able to accept the demand, or make a counteroffer.

In these cases, victims can receive compensation for medical expenses as well as lost income, non-economic losses like pain and suffering or punitive damages in the event that the case is more grave. If the case is taken to court, the award must be approved by the court. Most of cases are settled prior to trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries give high verdicts in these cases.

Preparation

When you file a birth injury lawsuit, it is essential to begin the process as early as possible. This will allow your lawyer to gather the necessary evidence and create a strong case for you. In addition, it can also help prevent your medical provider from destroying or altering the required documents.

Your attorney will work to collect your child's medical record as well as the medical records for everyone who was involved in the delivery of your child. They will also engage medical experts to review the records and determine the standard of care. Doctors are usually held to a higher standard of standard than generalists like nurses, as they are trained and knowledgeable in their field.

Your legal team and you will need to prove four elements in a medical malpractice case which are breach of duty, duty causation, duty and damages. Based on the strength of your case you may be awarded financial compensation for both economic and non-economic damages. In certain cases, the most egregious actions can result in punitive damages intended to punish the defendants for their actions.

After evaluating the evidence, your lawyer will engage with the defendants in an effort to settle. This is usually an easier way to secure the compensation you need, but it might not be feasible in all cases. If you do not reach an agreement your lawyer will prepare for trial. This will require taking depositions. These are sworn testimony that can be described as a question-and answer session with an attorney.

Trial

It is essential to consult with a lawyer for birth injuries immediately following the child's birth. An experienced lawyer will be able to examine medical records, call experts as witnesses and construct an effective case capable of obtaining the maximum amount of compensation. Most attorneys offer free consultations or evaluations of cases. This means that there is no charge to speak with a lawyer to determine if an appropriate claim of medical malpractice exists.

The most important aspect of a successful birth injury lawsuit is to establish that the defendant owed an obligation of care. This is established by showing that the medical professional did not exercise the proper level of skill and prudence which is expected of the profession under similar circumstances. Failure of a physician to comply in accordance with this standard of care could result in injury, suffering or even death for a patient.

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

The defendants typically try to settle the matter to keep from the possibility of a high jury verdict for medical malpractice. If a settlement isn't feasible, the case could be put on trial. In the trial, the jury will determine the amount of compensation to be paid to the plaintiff and any other parties in the case. The amount could be a reimbursement for future and past medical expenses, home modifications, therapy sessions and other expenses related to the condition of the child who was injured.