How to File a Birth Injury Lawsuit

Mistakes made by doctors, nurses and other medical personnel during childbirth may result in permanent birth injuries that need lifetime treatment and expensive care. A lawsuit could help pay these costs and hold accountable the responsible parties.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and hiring experts. Experts will look over medical evidence and deposition evidence.

Damages

Unexpected birth injuries are not only devastating for the family, but they can be costly in money. They may require long-term medical treatment, medications, or assistive devices. The compensation from a successful lawsuit can allow them to afford the treatment they require to have a better quality of life.

The amount of damages a plaintiff can receive in a successful lawsuit for birth injury law firm injuries is contingent upon the severity of the injuries and the impact they have on his or her life. Compensation can be awarded for both economic as well as non-economic injuries. Economic damages are tangible and objective forms of damages. Medical expenses and lost wages can be included.

Non-economic damages, on the other hand, aren't quantifiable and are more subjective in their nature. They can be characterized by pain and discomfort, impairment and loss of enjoyment of life among others. The jury will decide the amount of damages by examining evidence from experts.

It is important to know that in many cases, the victim and their attorney can reach a settlement instead of going to trial. Trials are costly, time-consuming and risky for both parties. A settlement, on the contrary, allows both parties to avoid these risks and continue with their lives. Settlements also tend to award families compensation much earlier than a jury verdict.

Statute of limitations

Families require a lawyer at their side when there is medical malpractice. A lawyer can assist in establishing the case by soliciting medical records from a hospital or doctor who was involved in the birth injury. The records should be sought as soon as possible to ensure that they are not lost or altered.

A medical professional can be consulted by an experienced attorney to determine whether the hospital or doctor acted the right way under the circumstances. They will also determine whether the injury was by negligence by a medical professional or an error. To prevail in a lawsuit for medical malpractice the victim must demonstrate that the doctor's actions were not in line with generally accepted standards of care for professionals of their type and field of expertise, and that the deviation directly caused the birth injury.

When the case is established after which the attorney can submit a demand to the hospital's or doctor's malpractice insurance carrier. The demand should include evidence and documents that support the claim. The insurance company will then either accept the demand or issue an offer to counter.

In these instances, victims are entitled to compensation for medical expenses as well as lost income, non-economic losses like suffering and pain or punitive damages if the case is more serious. The court must approve these settlements if the case goes to trial. The majority of these cases settle before trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

It is crucial to begin the process of suing for birth injuries as soon as you are able. This allows your attorney to gather crucial evidence and build a solid case for you. In addition, it can also prevent your medical provider from destroying or altering necessary documents.

Your attorney will get your child's medical records as well as the medical records of all those involved in the birth of your child. They will also employ medical professionals to review the records and determine the quality of care. Typically, doctors are held to a higher standard than nurses, generalists or nurses because they are trained and knowledgeable in a specific area.

Your legal team must demonstrate the four elements of a medical negligence claim that include breach of duty, causation, as well as damages. You may be awarded financial compensation for economic and non-economic damage depending on the quality of your case. In some instances, unjust behavior can result in punitive damages intended to punish defendants.

After evaluating the evidence and negotiating with defendants and the defendants, your lawyer will attempt to reach a settlement. This is typically a less risky way to secure the compensation you're seeking, however it may not be feasible in every case. If you can't come to an agreement with your lawyer, he will prepare for trial. This may require depositions. These are sworn statements that can be described as an interview with an attorney.

Trial

It is imperative to consult an attorney for birth injuries as soon as you can after the child's birth. An experienced lawyer will review medical records, call in experts as witnesses and develop an effective case that can result in maximum compensation. Many lawyers offer free consultations and evaluations of cases and there is no cost to meet with an attorney for an evaluation of the possibility for an effective medical malpractice claim.

The most important aspect of a successful birth injury lawsuit is to establish that the defendant owed an obligation of care. This is demonstrated by showing that the medical professional failed to exercise the appropriate level of skill and prudence that would be expected in the profession in similar circumstances. Infractions to this standard could result in injuries, illness or even death for the patient.

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

In most cases, defendants will attempt to settle the case in order to avoid the risk that a jury verdict of medical malpractice could be very high. If a settlement cannot be reached, the case could be put on trial. In the trial, the jury will determine the amount of compensation that should be awarded to the plaintiff and any other parties involved in the case. This could include compensation for future and past medical expenses including home modifications, therapy sessions and other costs related to the condition of the child who was injured.