How to File a Birth Injury Lawsuit

Unfortunate mistakes made by nurses, doctors and other medical staff during childbirth can lead to permanent birth injuries that require ongoing treatment and costly care. A lawsuit can help pay these costs and hold accountable for the parties responsible.

An attorney will determine if there was a case of negligence occurred by reviewing medical records and retaining experts. Experts will scrutinize the medical evidence and depositions.

Damages

Unexpected birth injuries can be devastating for a family and cost quite a bit. They may require long-term medical care, medications, or assistive devices. A successful lawsuit may help them afford to pay for the treatment they require to improve their quality of life.

The amount of damages a plaintiff could receive in a successful lawsuit for birth injuries depends on the severity of the injuries and their impact on his or her life. Compensation is granted for both economic and non-economic damages. Economic damages are comparatively objective damages that can be measured and quantified. These can include medical expenses and lost wages.

Non-economic damages, however, on the other hand, are less quantifiable and are more subjective in the nature of. These include pain and suffering, disfigurement as well as loss of enjoyment life, and so on. Expert witnesses will provide evidence for the jury that will aid them in determining these types.

It is important to know that in many cases, the lawyer and the victim will settle the case instead of going to trial. This is due to trials being expensive, time-consuming and risky for both sides. A settlement, on the contrary allows both parties to avoid these risks and continue with their lives. In addition, settlements usually offer families compensation sooner than a jury verdict would.

Statute of limitations

If medical malpractice is a problem families must have a lawyer to help them. An attorney can help build a case by soliciting medical records from a hospital or doctor involved in the birth injury. The records must be requested as soon as possible to avoid them being lost or altered.

An experienced attorney may also consult with medical experts to determine if the doctor or hospital did the right thing under the circumstances. They will also determine whether the injury was due to negligence by a medical professional or an error. To win a medical negligence suit the victim needs to prove that the doctor violated the generally accepted standards of professional care for their type and specialization, and that the deviation led to the birth injury attorney injury.

After the case has been constructed after which the attorney can submit an appropriate demand form to the doctor's or hospital's malpractice insurance carrier. The demand must include all records and documentation supporting the claim. The insurance company will then either take the demand into consideration or make an offer counter-offer.

Victims in these cases can receive compensation for medical bills or loss of income economic damages like suffering and pain, and punitive damages for more serious cases. The court must be able to approve these damages if the case is going to trial. The majority of these cases are settled prior to trial. The trial process can be risky and stressful for plaintiffs and judges and juries frequently give high verdicts to hospitals and doctors in these types of cases.

Preparation

It is essential to start the process of suing for birth injuries as soon as possible. This allows your attorney to gather crucial evidence and develop a convincing case for you. It also stops your medical provider changing or destroying documents necessary to your case.

Your attorney will collect your child's medical record as well as the medical records for everyone involved in the child's birth. They will also engage medical experts to analyze the records and determine the standard of care. Typically doctors are held to a higher standard than nurses, generalists or nurses because they have specific training and expertise.

Your legal team will have to establish the four components of a claim for medical malpractice that include breach of duty, causation, as well as damages. You could be awarded an amount of money for economic and non-economic injuries based on strength of your case. In some cases, egregious behaviour could warrant punitive damages to punish the defendants for their actions.

After evaluating the evidence and negotiating with the defendants, your lawyer will try to negotiate an agreement. This is a less risky way to secure compensation, but could not be feasible in every case. If you do not reach an agreement the lawyer will prepare for trial. This involves taking depositions that are sworn testimony in the form of questions-and-answer sessions with an attorney.

Trial

It is crucial to speak with a birth injury attorney immediately following the child's birth. A skilled lawyer can look over medical records, bring in experts as witnesses and develop an effective case that results in the highest amount of compensation. Most attorneys offer free consultations and case evaluations, so there is no cost to meet with an attorney for an assessment of the possibilities for an effective medical malpractice claim.

The most important aspect of a successful birth injury lawsuit is establishing that the defendant owed the duty of care. This is done by proving that the medical provider did not exercise the degree of skill and care which is expected of the profession in similar circumstances. Failure to follow this standard can lead to injury, illness, or even death for the patient.

In the majority of cases the legal team representing the plaintiff will interview doctors and other medical professionals who were involved in the birth of the child injured. These statements are sworn under the oath and are considered to be evidence.

In most cases, defendants will try to settle the case to avoid the possibility that a jury verdict for medical malpractice could be excessive. If a settlement is not reached, the case may be set for trial. The jury will determine the amount of compensation that should be paid to both the plaintiff and other parties in the case. This could include future and past medical expenses treatments, home modifications, therapy sessions, as well as any other costs associated with an injury to a child.