How to File a Birth Injury Lawsuit

Inadvertent mistakes made by doctors, nurses and other medical staff during childbirth could result in permanent birth injuries that need lifetime medical attention and costly treatment. A lawsuit can help cover these expenses and hold the responsible parties to account.

An attorney will determine if there was a case of negligence occurred through the review of medical records and hiring experts. Experts will analyze medical evidence and deposition evidence.

Damages

Unexpected birth injuries can be devastating for a family and cost lots. They might require long-term medical treatment, medications or assistive devices. A settlement from a successful lawsuit could help them afford the care they require for a better quality of life.

The amount of compensation a plaintiff receives in a successful birth injury lawsuit is contingent on how severe the injuries are and what impact they've had on their lives. Compensation is awarded for different types of injury. Economic damages are the most tangible and objective types of damages. These can include medical expenses and lost wages.

Non-economic damages, on the other hand, are less quantifiable and are more subjective in nature. These can include disfigurement, pain and suffering as well as loss of enjoyment life, and many more. Expert witnesses will provide evidence to the jury to help them determine these types.

In many instances the victim will agree to settle with their attorney rather than going to trial. Trials are costly, lengthy and risky for both parties. A settlement allows both parties to continue their lives and avoid the risks. Settlements can also award families compensation much earlier than a jury verdict.

Statute of limitations

Families require a lawyer at their side when medical malpractice occurs. A lawyer can aid in the creation of an argument by requesting medical records of the hospital or doctor that was involved in the birth injury. These records should be sought as soon as possible, so that they are not lost or altered.

An experienced attorney can also consult with medical experts to determine if the doctor or hospital did the right thing under the circumstances. They can also determine if the injury was caused by negligence on the part of a medical professional or a mistake. To be successful in a medical malpractice lawsuit the plaintiff must prove that the doctor acted in a manner that was contrary to the standard of care that is generally accepted for doctors of their type and field of expertise, and that the deviation directly caused the birth injury.

Once the case is sufficiently constructed and substantiated, the attorney will send a demand package to the doctor's or hospital's malpractice insurance provider. The demand should include evidence and documentation that supports the claim. The insurance company can then accept the demand or offer an offer to counter.

In these instances, victims may be awarded compensation for medical expenses as well as lost income, non-economic damage such as suffering and pain or punitive damages if the case is more than just a matter of. The court must be able to approve these compensations if the case goes to trial. Most of these cases settle before trial. The trial process is risky and stressful for plaintiffs and judges and juries often award high verdicts against doctors and hospitals in these cases.

Preparation

It is important to begin the process of suing for birth injury as soon as possible. This will allow your lawyer to gather the necessary evidence and build a solid case for you. It also stops your medical provider in destroying or altering important documents.

Your attorney will collect the medical records of your child and all those involved in the birth of your child. They also will employ medical experts to review the documents and determine the standards of care. Usually doctors are held to a higher standard than generalists like nurses since they have specific training and expertise.

Your legal team and you will need to establish four elements in a medical negligence case: duty, breach causation, duty and damages. You may be awarded an amount of money for economic and non-economic damages based on the quality of your case. In some cases, egregious conduct could result in punitive damages intended to punish the defendants for their actions.

After evaluating the evidence and negotiating with defendants and the defendants, your lawyer will attempt to negotiate an agreement. This is usually a less risky way to obtain the amount you require, but it might not be possible in all cases. If you are unable to reach an agreement the lawyer will prepare for trial. This may involve taking depositions which are sworn statements in the form of question and answer sessions with an attorney.

Trial

Consult a lawyer for birth injuries as shortly as you can after the birth of your child. An experienced lawyer will review medical records, invite experts to testify and create an effective case that results in the highest amount of compensation. Most attorneys offer free consultations or assessments of cases. This means that there is no charge to meet with an lawyer for an assessment of whether a valid claim of medical malpractice exists.

The key to a successful birth injury lawsuit is to establish that the defendant was liable for an obligation of care. This can be proved by proving the medical provider did not exercise the level of care and skill that is expected in their profession under similar circumstances. Failure of a physician to comply with this standard of care could result in injury or illness or death for the patient.

In the majority of cases the legal team representing the plaintiff will ask medical professionals and doctors who were involved in the birth injury attorney of the child injured. These statements are made under oath and are considered evidence.

The defendants will usually attempt to settle the matter to avoid the risk of a large jury verdict for medical malpractice. If a settlement cannot be reached, the case may be put on trial. During the trial, the jury will determine the amount of compensation that should be paid to the plaintiff and any other parties in the case. The compensation could cover future and past medical costs and home modifications, therapies sessions, and any other expenses relating to an injury to a child.