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 expensive care. A lawsuit could help pay these expenses and hold the accountable for the parties responsible.
An attorney will determine if negligence occurred by reviewing medical records and retaining experts. Experts will analyze medical evidence and deposition testimony.
Damages
Unexpected birth injuries can be devastating for a family and cost lots. They could require long-term medical treatment as well as medications and assistive devices. A successful lawsuit could allow them to pay for the services they require to improve their lives.
The amount of damages a plaintiff receives in a successful birth injury law firm injury lawsuit is contingent on how severe the injuries are and what impact they have had on their life. Compensation can be given for both economic and non-economic damage. Economic damages are objective and can be measured and quantified. These include medical expenses and lost wages.
Non-economic losses, on the other hand, aren’t quantifiable and more subjective in nature. They can be characterized by discomfort and pain, disfigurement, and loss of enjoyment of life as well as other types of damages. Expert witnesses will provide evidence for the jury that will help them determine these types.
It is important to remember that in many cases, the attorney and the victim will reach a settlement instead of going to trial. Trials can be costly, time-consuming and potentially dangerous for both parties. Settlements, on other hand lets both parties avoid these risks and move forward with their lives. Settlements also tend to award families with compensation earlier than a jury verdict.
Statute of limitations
If medical malpractice happens and families are liable, they need an attorney to help them. Lawyers can assist in the construction of a claim by requesting the medical records of the doctor or hospital that caused the birth injury. The records should be requested as soon as possible in order to ensure they are not lost or altered.
An experienced attorney can also consult with medical experts to determine if the doctor or hospital performed their duties in the appropriate way given the circumstances. They will also determine if the injury was caused by mistakes or negligence on the part of the doctor. To prevail in a lawsuit for medical malpractice, the victim must prove that the doctor deviated from the standard of care that is generally accepted for professionals of their type and Birth injury area of expertise, and the deviation directly caused the birth injury.
After the case is adequately crafted the attorney will then submit the demand form to the malpractice insurance company of the doctor or hospital. The demand must include all documents and records supporting the claim. The insurance company is then able to accept the demand or make an offer counter-instantially.
Victims of these cases may be awarded compensation for medical expenses or loss of income non-economic damages such as pain and suffering, as well as punitive damages in more egregious cases. The court has to approve these awards if the case goes to trial. The majority of these cases settle before trial. Trials are risky and stressful for plaintiffs and juries and judges often make high-value verdicts against doctors and hospitals in these kinds of cases.
Preparation
It is important to begin the process of filing a lawsuit for birth injury as soon as possible. This will allow your lawyer to gather important evidence and create a solid case for you. It also helps to prevent your medical provider in destroying or altering important documents.
Your attorney will obtain the medical records for your child and all others involved in the delivery of your child. They also will employ medical experts to look over the records and define the standards of care. Doctors are usually held to a higher degree of standard than generalists like nurses, since they have specific expertise and training.
Your legal team and you will have to prove the four elements of a medical malpractice claim which are duty, breach of duty, causation, and damages. You may receive financial compensation for economic and non-economic damage depending on the strength of your case. In certain circumstances, unjust actions can result in punitive damages that are intended to punish the defendants for their actions.
After reviewing the evidence and negotiating with defendants the lawyer will attempt to negotiate an agreement. This is typically an easier way to receive the compensation you’re seeking, however it might not be possible in every case. If you do not reach an agreement the lawyer will prepare for trial. This may involve taking depositions which are sworn declarations that are in the form question-and-answer sessions with an attorney.
Trial
Consult a lawyer for birth injuries as soon as possible after the birth of your child. A skilled lawyer can look over medical records, bring in experts as witnesses and develop an effective case that will result in the maximum amount of compensation. A majority of lawyers offer free consultations or assessment of cases. This means that there is no cost to consult with a lawyer to determine if a valid claim of medical malpractice exists.
The most important aspect of a successful birth injury lawsuit is to prove that the defendant owed an obligation of care. This is demonstrated by proving that the medical provider failed to exercise the appropriate level of skill and caution which is expected of the profession in similar circumstances. Infractions to this standard can result in injury, illness or even death for the patient.
In most cases, the plaintiff’s legal team will interview medical professionals and doctors who were involved in the birth of the child injured. These statements are made under oath and considered evidence.
The defendants will usually attempt to settle the case to reduce the risk of a large jury verdict for medical negligence. If a settlement cannot be reached, the case may be referred to trial. During the trial, the jury will determine the amount of compensation to be paid to the plaintiff and birth injury any other parties in the case. This could include future and past medical costs and home modifications, therapies sessions, as well as any other expenses related to an injury to a child.