How to File a Birth Injury Lawsuit

Negligent mistakes made by doctors, nurses and other medical personnel during childbirth can lead to permanent birth injuries that require a lifetime treatment and costly care. A lawsuit can help to pay these expenses and hold the accountable the responsible parties.

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

Damages

Unexpected birth injuries can be traumatic for a family and cost an enormous amount. They could require long-term medical treatment, medications, or assistive devices. A settlement from a successful suit could allow them to afford the treatment they require for a better quality of life.

The amount of damages that a plaintiff could receive in a successful lawsuit for birth injuries will depend on the severity of the injuries and their impact on their lives. Compensation is awarded for both economic as well as non-economic damages. Economic damages are generally objective types of damage that can be measured and quantified. Medical expenses and lost wages are a possibility to include.

Non-economic losses, on the other hand, aren't quantifiable and are more subjective in their nature. They can be characterized by discomfort and pain, impairment and loss of enjoyment of life, among others. Expert witnesses will present evidence to the jury that will help them identify these types of cases.

In most instances the victim will choose to negotiate with their attorney rather than going to trial. This is due to the fact that trials are expensive, time consuming, and dangerous for both sides. A settlement, on the other hand, allows both parties to avoid the risks and move on with their lives. Settlements can also award compensation to families much earlier than a jury decision.

Statute of limitations

Families require a lawyer at their side when medical malpractice occurs. A lawyer can assist in establishing an argument by seeking medical records from the hospital or doctor involved in the birth injury lawsuits injury. The records should be requested as soon as is possible in order to ensure they are not lost or altered.

An experienced attorney can consult with medical experts to determine whether the hospital or doctor performed their duties in the appropriate way given the circumstances. They will also determine if the injury was by negligence on the part of a medical professional or a mistake. To be successful in a lawsuit for medical malpractice the plaintiff must show that the doctor's behavior was not in accordance with the generally accepted standards of care for professionals of their type and area of expertise, and the deviation directly led to the birth injury attorneys injury.

After the case has been adequately crafted and a lawyer will submit an application to the malpractice insurance company of the doctor or hospital. The demand will contain records and documentation that supports the claim. The insurance company will then either take the demand into consideration or make an offer counter-offer.

Victims in these cases could receive compensation for medical expenses, loss of income, non-economic damages such as pain and suffering, and punitive damages for more serious cases. If the case is taken to court, the award must be approved by the court. Most of these cases are settled before trial. The trial process is a risky and stressful for plaintiffs, and judges and juries typically award high verdicts against doctors and hospitals in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is important to start the process as early as you can. This allows your attorney to gather crucial evidence and build a solid case for you. Additionally, it could also help prevent your medical provider from destroying or altering necessary documents.

Your attorney will collect your child's medical record and the medical records of everyone involved in your child's delivery. They will also engage medical professionals to look over the documents and determine the level of care. Usually doctors are held to higher standards than generalists like nurses since they are trained and knowledgeable in a specific area.

Your legal team and you will have to prove four elements in a medical malpractice case that include breach of duty, breach of duty causation, duty and damages. You could be awarded financial compensation for economic or non-economic damages based on the strength of your case. In some cases, egregious actions can warrant punitive damages intended to punish defendants.

After reviewing the evidence and negotiating with the defendants, your lawyer will try to negotiate an agreement. This is typically a less risky way to receive the compensation you're seeking, however it may not be feasible in every case. If you are unable to reach an agreement the lawyer will prepare for trial. The process will involve taking depositions. These are sworn statements that are a question-and-answer session with an attorney.

Trial

It is imperative to consult with a birth injury attorney within the first few days after the birth of your child. A seasoned lawyer can examine medical records, call experts and build a solid case capable of achieving maximum compensation. Most attorneys offer free consultations or case evaluations. This means that there is no charge to meet with an lawyer to determine whether an actual claim for medical malpractice exists.

The key to a successful birth injury lawsuit is to establish that the defendant owed an obligation of care. This is established by proving that the medical provider was not exercising the proper level of skill and caution which is expected of the profession under similar circumstances. Failure to follow this standard could result in injuries, illness or even death for the patient.

In most cases the legal team representing the plaintiff will question medical professionals and doctors who were involved in the birth of the injured child. These statements are taken under oath before being considered evidence.

In most cases, defendants will attempt to settle the case in order to avoid the possibility that a verdict by a juror on medical malpractice could be a high verdict. If a settlement cannot be reached, the case may be referred to trial. The jury will decide the amount of money to be awarded to the plaintiff and other parties involved in the case. This compensation can include future and past medical costs treatments, home modifications, therapy sessions, and other expenses associated with an injury to a child.