How to File a Birth Injury Lawsuit

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

An attorney will examine medical records and engage experts to determine the extent of negligence. Experts will scrutinize the medical evidence and depositions.

Damages

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

The amount of damages that a plaintiff could receive in a successful lawsuit for birth injury law firm injuries will depend on the severity of the injuries and the impact they have on his or her life. Compensation is available for various kinds of injury. Economic damages are quantifiable and objective forms of damages. Medical expenses and lost wages can be included.

Non-economic damages, however, on the contrary, are not measurable and are more subjective in their nature. They can be characterized as disfigurement, pain and suffering, loss of enjoyment of life, and so on. Expert witnesses will provide evidence to the jury which will help them identify these types of cases.

In many cases, the victim will settle with their attorney rather than go to trial. Trials are costly, lengthy and can be dangerous for both parties. A settlement allows both parties to continue their lives and avoid these risks. Additionally, settlements often provide families with compensation earlier than a jury verdict would.

Statute of limitations

If medical malpractice is a problem families must have an attorney to help them. A lawyer can aid in the creation of claims by requesting medical records of the doctor or hospital that was involved in the birth injury. The documents should be requested as swiftly as possible to prevent them from being lost or altered.

A medical professional can be consulted by a seasoned attorney to determine if the hospital or doctor acted the correct manner under the circumstances. They can also determine if the injury was caused due to negligence on the part of a medical professional or a mistake. To be successful in a medical malpractice lawsuit the victim must demonstrate that the doctor's behavior birth injury attorney was not in accordance with the standards of care generally accepted for professionals of their type and field of expertise, and that the deviation directly caused the birth injury.

After the case is sufficiently built an attorney will send the demand form to the malpractice insurance company of the hospital or doctor. The demand will include records and documentation that supports the claim. The insurance company will either take the demand into consideration or make an offer to counter.

In these instances, victims are entitled to compensation for medical expenses, lost income, non-economic damages like pain and suffering or punitive damages if the case is more than just a matter of. The court must approve these damages if the case is going to trial. However, the majority of cases settle before trial. Trials are stressful and risky for birth injury attorney plaintiffs. Jury and judge verdicts are high verdicts in these cases.

Preparation

When you file a birth injury lawsuit it is important to start the process as early as possible. This allows your attorney to gather evidence that is crucial and establish a solid case for you. It can also stop your medical provider not destroying or altering documents that are required.

Your attorney will work to obtain medical records for your child and the medical records of all those involved in your child's delivery. They will also employ medical experts to look over the records and establish the standard of care. In general doctors are held to higher standards 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 and 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 some cases, egregious behaviour could warrant punitive damages in order to punish the defendants for their actions.

After evaluating the evidence, your attorney will meet with the defendants to try to reach a settlement. This is usually the least risky method to get the compensation you require, but it may not be possible in every case. If you are not able to reach an agreement with your lawyer, he will prepare for trial. This will involve taking depositions. These are sworn testimony that are an open-ended question and answer session with an attorney.

Trial

It is imperative to consult with a birth injury attorney immediately following the birth of the child. A seasoned lawyer will be able to look over medical records, interview experts to testify and create a solid case capable of obtaining the maximum amount of compensation. Most attorneys offer free consultations or case evaluations. This means that there is no charge to speak with an attorney to determine if an actual claim of medical malpractice exists.

A successful birth injury lawsuit is based on proving that the defendant had the obligation to exercise reasonable care. This is done by showing that the medical practitioner did not exercise the degree of skill and care which is expected of the field under similar circumstances. Failure to follow this standard could result in injury, illness or even death for the patient.

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

The defendants typically try to settle the case to avoid the possibility of a high jury verdict for medical negligence. If a settlement isn't possible, the case may be set for trial. The jury will decide the amount of compensation to be awarded to both the plaintiff and other parties involved in the case. This can include past and future medical costs and home modifications, therapies sessions, and any other expenses associated with an injury to a child.