How to File a Birth Injury Lawsuit

Inadvertent errors made by nurses, doctors, and other medical professionals during childbirth can lead to permanent birth injuries that require a lifetime of treatment and expensive care. A lawsuit can help cover these costs and hold accountable parties.

An attorney will determine if negligence occurred by reviewing medical records and engaging experts. Experts will look at medical evidence and deposition testimonies.

Damages

Birth injuries that are unexpected are not just traumatic for the entire family members, but they can be costly in money. They could require long-term medical care, medications, or assistive devices. A successful lawsuit can help them afford to pay for the treatment they require to improve their lives.

The amount of damages that a plaintiff will receive in a successful lawsuit for birth injuries is contingent upon 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 objective and quantifiable forms of damages. Medical expenses and lost wages are a possibility to include.

Non-economic damages are subjective, and therefore less quantifiable. They can be characterized by pain and discomfort, disfigurement, and loss of enjoyment of life as well as other types of damages. Expert witnesses will present evidence to the jury to aid them in determining these types.

It is important to remember that in many cases, the client and their attorney will reach a settlement instead of going to trial. Trials are costly, time-consuming and can be dangerous for both parties. Settlements, on the contrary lets both parties avoid the risks and move on with their lives. In addition, settlements usually give families compensation much quicker than a jury decision would.

Statute of limitations

Families require a lawyer on their side when medical malpractice occurs. An attorney can help build an action plan by requesting medical records from the doctor or hospital involved in the birth injury. These documents should be requested as fast as possible to avoid them being lost or altered.

An experienced attorney can consult with medical experts to determine if the doctor or hospital performed their duties in the appropriate way given the circumstances. They can also determine if the injury was by mistakes or negligence on the part of the doctor. To win a medical malpractice case the plaintiff will have to prove that the doctor violated the generally accepted standards of professional care in their specialization and type, and that this deviation caused the birth injury.

After the case is sufficiently crafted an attorney will send the demand form to the malpractice insurance company for the doctor or hospital. The demand will include all documentation and records that support the claim. The insurance company will then either accept the demand or offer an offer to counter.

Victims in these cases could get compensation for medical bills and loss of income economic damages like pain and suffering, as well as punitive damages in more egregious cases. If the case is brought to court, the award must be approved by the court. The majority of these cases are settled prior to trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases.

Preparation

If you are filing an injury lawsuit against a birth, it is important to start the process as early as you can. This allows your lawyer to gather crucial evidence and create a solid case for you. It can also stop your medical provider in destroying or altering important documents.

Your attorney will obtain medical records for your child as well as the medical records for everyone involved in the child's birth. They also will employ medical experts to examine the records and establish the standard of care. Doctors are usually considered to be held to a higher level of care than generalists, like nurses, as they have specific knowledge and training.

Your legal team will have to establish the four components of a medical malpractice claim: duty, breach of duty, causation, as well as damages. You may receive an amount of money for economic and non-economic losses based on the strength of your case. In some cases, egregious behavior can result in punitive damages intended to punish defendants.

After analyzing the evidence and negotiating with defendants and the defendants, your lawyer will attempt to negotiate an agreement. This is a less risky way to obtain compensation, but it may not be possible for every case. If you cannot reach an agreement with your lawyer, they will prepare for trial. This will involve taking depositions. These are sworn testimony that take the form of an open-ended question and answer session with an attorney.

Trial

It is crucial to speak with a birth injury lawyer immediately following the child's birth. A skilled lawyer can look over medical records, call in experts to testify and create an effective case that will result in the maximum amount of compensation. The majority of lawyers provide free consultations and case evaluations which means there is no charge to meet with an attorney to get an assessment of the possibilities for an appropriate medical malpractice claim.

A successful birth injury claim rests on proving that the defendant acted in accordance with a duty of reasonable care. This is established by proving that the medical professional did not exercise the level of skill and caution that would be expected in the profession in similar circumstances. A physician's failure to act with this standard of care could cause injury, suffering or even death for a patient.

In most cases the plaintiff's counsel will depose the doctors and other medical professionals involved in the birthing of the child who was injured. These statements are made under oath, and they are considered evidence.

In the majority of cases, defendants will attempt to settle the case in order to reduce the chance that a jury verdict for medical malpractice could be a high verdict. If a settlement cannot be reached, the case can be put on trial. The jury will determine the amount of compensation that should be awarded to both the plaintiff and the other parties involved in the case. This could include future and past medical expenses and home modifications, therapies sessions, and other expenses associated with the condition of a child who has been injured.