How to File a Birth Injury Lawsuit
Negligent mistakes by nurses, doctors, and other medical professionals during childbirth can result in permanent birth injuries requiring lifetime treatment and costly care. A lawsuit can help cover these expenses and hold the accountable parties.
An attorney will determine if negligence occurred through the review of medical records and retaining experts. Experts will look at medical evidence and deposition testimonies.
Damages
Unexpected birth injuries can be devastating for families and cost quite a bit. They could require long-term medical treatments, medications, and assistive devices. The money they receive from a successful lawsuit may help them afford the care they require for a better quality of life.
The amount of damages a plaintiff could receive in a successful lawsuit for birth injuries depends on the severity of the injuries and their impact on the plaintiff’s life. Compensation is offered for different types of damage. Economic damages are comparatively objective types of damage that can be measured and quantified. They could include medical costs and lost wages.
Non-economic damages are subjective and are not quantifiable. They can be characterized by pain and discomfort, disfigurement and loss of enjoyment of life among others. Expert witnesses will provide evidence to the jury that will assist them in determining the type of case.
It is important to note that, in many cases the victim and their attorney will settle the case instead of going to trial. Trials are costly, time-consuming and risky for both parties. Settlements allow both parties to move on with their lives without the risk. In addition, settlements generally offer families compensation sooner than a jury verdict would.
Statute of limitations
Families need a lawyer by their side when medical malpractice occurs. A lawyer can assist in establishing an action plan by asking for medical records from the hospital or doctor that caused the birth injury. These records should be requested as quickly as is possible to avoid being lost or altered.
An experienced attorney can also consult with medical experts to determine if the doctor or hospital was able to act in the right way under the circumstances. They can also determine if the injury was caused by an error in medicine or negligence. In order to win a medical malpractice case the victim needs to prove that the doctor violated the generally accepted standards of medical care according to their specialty and type and that the resulting deviation caused the birth injury.
After the case has been adequately crafted an attorney will send a package of demand to the malpractice insurance company for the doctor or hospital. The demand will include documents and documents that support the claim. The insurance company will then accept the demand, or offer an offer to counter.
Victims in these cases can receive compensation for medical expenses as well as loss of income, economic damages like suffering and pain, and punitive damages in more egregious cases. The court must be able to approve these compensations if the case goes to trial. The majority of these cases are settled before trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases.
Preparation
It is essential to begin the process of suing for birth injury as soon as you can. This allows your lawyer to gather crucial evidence and build a strong case for you. Additionally, it could also prevent your medical provider from destroying or altering important documents.
Your attorney will work to obtain your child’s medical records and the medical records for everyone involved in your child’s delivery. They will also engage medical experts to review the records and establish the standards of care. Usually, doctors are held to higher standards than generalists like nurses since they have specialized training and knowledge.
Your legal team and you will need to establish four elements in a medical malpractice case: duty, breach causation, duty and damages. Based on the strength of your case you may be awarded financial compensation for both economic and non-economic damages. In certain circumstances, unjust behavior may warrant punitive damages that are intended to punish the defendants for their actions.
After analyzing the evidence, your attorney will negotiate with the defendants to settle. This is a less risky way to receive compensation, however it could not be feasible in every case. If you are unable to come to an agreement with your lawyer, he’ll prepare for trial. This will require taking depositions. These are sworn declarations that can be described as an open-ended question and answer session with an attorney.
Trial
It is essential to consult with a birth injury attorney immediately following the birth of your child. An experienced lawyer will review medical records, bring in expert witnesses and build an effective case that results in the maximum amount of compensation. Most attorneys offer free consultations or assessment of cases. This means that there is no cost to consult with a lawyer for an assessment of whether there is a valid claim for medical malpractice exists.
A successful birth injury attorney injury case rests on the proof that the defendant had the duty of reasonable care. This is established by proving that the medical professional did not exercise the degree of skill and care that would be expected in the field under similar circumstances. Failure to adhere to this standard could lead to injury, illness or even death for the 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 taken on an oath, and are considered to be evidence.
The defendants will typically attempt to settle the matter to keep from the possibility of a high verdict for medical malpractice. If a settlement is not possible, the case can be scheduled for trial. The jury will determine the amount of money to be paid to both the plaintiff and the other parties involved in the case. The compensation could cover the future and past medical expenses and home modifications, therapies sessions, and other costs associated with an injured child’s condition.