How to File a Birth Injury Lawsuit

Inadvertent errors made by nurses, doctors and other medical personnel during childbirth can lead to permanent birth injuries requiring lifetime treatment and expensive medical care. A lawsuit could aid in paying for these costs and hold the accountable parties accountable.

An attorney will determine if negligence occurred through reviewing medical records and retaining experts. The experts will review medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be very stressful for a family and can cost quite a bit. They may require long-term medical treatment, medication, or assistive devices. A successful lawsuit could allow them to pay for the treatment they require to improve their quality of life.

The amount of damages that a plaintiff can receive in a successful lawsuit for birth injuries is contingent upon the severity of the injuries and their impact on their lives. Compensation is awarded for both economic as well as non-economic harm. Economic damages are relatively objective and can be measured and quantified. Loss of wages and medical expenses are a possibility to include.

Non-economic damages are subjective and less quantifiable. These damages could include discomfort and pain, disfigurement and loss of enjoyment of life and many more. The jury will decide these damages by examining evidence from expert witnesses.

In many cases the victim will prefer to settle with their lawyer rather than go to trial. This is because trials are expensive, time consuming, and risky for both parties. Settlements allow both parties to move on with their lives without the risk. Settlements also tend to award families with compensation ahead of a jury verdict.

Statute of limitations

If medical malpractice happens, families need to have an attorney on their side. Lawyers can assist in the construction of an argument by requesting medical records of the hospital or doctor which was responsible for the birth injury. These records should be requested as soon as is possible, so that they are not lost or altered.

An experienced attorney can consult with medical experts to determine if the doctor or hospital did the right thing under the circumstances. They can determine if the ailment was caused by negligence or a medical error. In order to be successful in a medical malpractice lawsuit the victim has to prove that the doctor violated the generally accepted standards of professional care in their specialty and type and that the deviation led to the birth injury.

After the case has been established and substantiated, attorneys the attorney will send a demand to the doctor's or hospital's malpractice insurance provider. The demand will include all documentation and records that support the claim. The insurance company will either accept the demand or issue an offer to counter.

Victims in these cases could receive compensation for medical expenses or loss of income economic damages like pain and suffering, and punitive damages in the most egregious cases. The court has to approve these compensations if the case goes to trial. Most of cases are settled prior to trial. Trials can be stressful and dangerous for plaintiffs. Judges and attorneys juries give high verdicts in these cases.

Preparation

If you are filing an injury lawsuit against a birth injury law firm, it is crucial to begin the process as soon as you can. This allows your lawyer to gather critical evidence and build a strong case for you. In addition, it can assist in preventing your doctor from destroying or altering necessary documents.

Your attorney will collect the medical records for your child and all others involved in the birth of your child. They will also engage medical professionals to examine the records and determine the quality of care. Usually doctors are held to a higher standard than generalists like nurses since they have specific training and expertise.

You and your legal team will have to demonstrate the four elements of a medical malpractice case that include breach of that duty, causation, as well as damages. Depending on the severity of your claim, you may be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust conduct could result in punitive damages to punish the defendants for their actions.

After evaluating the evidence and negotiating with the defendants the lawyer will attempt to reach an agreement. This is a less risky way to secure compensation, but might not be feasible for every case. If you are not able to reach an agreement with your lawyer, they will prepare for trial. This may require depositions. These are sworn statements that take the form of an open-ended question and answer session with an attorney.

Trial

It is vital to talk with a birth injury lawyer as soon as possible after the birth of the child. A seasoned lawyer can examine medical records, call experts to testify and create an effective case capable of achieving maximum compensation. Most attorneys offer free consultations and case evaluations which means there is no cost to speak with an attorney for an assessment of the possibilities for an effective medical malpractice claim.

The key to a successful birth injury lawsuit is proving that the defendant owed an obligation of care. This is demonstrated by proving that the medical professional did not exercise the proper level of skill and caution that is expected in the profession in similar circumstances. Failure to follow this standard can lead to injuries, illness or even death of the patient.

In the majority of cases, the plaintiff's legal team will ask medical professionals and doctors who were involved in the birth of the injured child. These statements are taken under oath, and then considered evidence.

The defendants typically try to settle the case in order to reduce the risk of a large jury verdict for medical malpractice. If a settlement isn't possible, the case might be set for trial. The jury will determine the amount of compensation to be awarded to both the plaintiff and the other parties involved in the case. This could include past and future medical costs as well as home modifications, therapy sessions, and any other expenses associated with an injury to a child.