How to File a Birth Injury Lawsuit
Negligent mistakes by doctors, nurses, and other medical personnel during childbirth can result in permanent birth injuries that require a lifetime of medical treatment and costly treatments. A lawsuit can help cover these costs and hold accountable the responsible parties.
An attorney will determine if negligence was committed by looking over medical records and hiring experts. Experts will analyze medical evidence and deposition evidence.
Damages
Unexpected birth injuries can be devastating for a family, and they can cost a lot. They may need long-term medical care, medications or assistive devices. A successful lawsuit may aid them in paying for the care they require to improve their lives.
The amount of damages that a plaintiff is awarded in a successful birth injury lawsuit depends on how severe the injuries are and the impact they have had on their lives. Compensation is offered for various kinds of harm. Economic damages are objective damages that can be measured and quantified. They could include medical costs and lost wages.
Non-economic damages are subjective and less quantifiable. These include injuries and pain, disfigurement, loss of enjoyment of life, and more. Expert witnesses will provide evidence to the jury to help them determine these types.
In a majority of instances the victim will agree to agree to a settlement with their attorney rather than go to trial. This is because trials are costly, time-consuming and risky for both parties. Settlements allow both parties to continue their lives and avoid the risks. 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. A lawyer can help build claims by requesting medical records of the doctor or hospital that was involved in the birth injury. These records should be requested as quickly as you can to avoid being lost or altered.
A medical expert can be consulted by an experienced lawyer to determine if the hospital or doctor acted in the correct way under the circumstances. They will also determine whether the injury was caused due to negligence by a medical professional or an error. To be successful in a lawsuit for medical malpractice the plaintiff must prove that the doctor's actions were not in line with the generally accepted standards of care for professionals of their type and specialty, and that the deviation directly caused the birth injury.
When the case is adequately crafted, an attorney will submit a package of demand to the malpractice insurance company for the hospital or doctor. The demand will include all documentation and records that support the claim. The insurance company can then accept the demand, or make an offer counter to it.
Victims of these cases can receive compensation for medical expenses or loss of income economic damages like pain and suffering, as well as punitive damages in the most egregious cases. If the case is taken to court, the awards must be approved by the court. However, the majority of cases settle before trial. Trials are stressful and risky for plaintiffs. Jury members and judges award high verdicts in these cases.
Preparation
If you are filing a lawsuit for birth injuries, it is essential to begin the process as soon as you can. This will allow your lawyer to gather crucial evidence and develop a convincing case for you. It also helps to prevent your medical provider changing or destroying documents necessary to your case.
Your attorney will work to get your child's medical records and the medical records of all those involved in the child's birth. They will also employ medical experts to look over documents and determine the standard of care. Doctors are typically held to a higher level of standards than generalists such as nurses, since they are trained and knowledgeable in their field.
Your legal team and you will have to prove the four elements of a medical malpractice claim which are duty, breach of that duty, causation, and damages. You may receive financial compensation for economic and non-economic damages based on the quality of your case. In certain instances, a sloppy conduct could result in punitive damages in order to punish the defendants for their actions.
After evaluating the evidence, your lawyer will negotiate with the defendants in an effort to settle. This is a less risky method to receive compensation, however it could not be feasible in every case. If you fail to reach an agreement, your lawyer will prepare for trial. This could involve taking depositions that are sworn testimony that are in the form question-and-answer sessions with an attorney.
Trial
It is vital to talk with a
birth injury attorney as soon as possible after 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 maximum compensation. A majority of lawyers offer free consultations and case evaluations and there is no cost to meet with an attorney to get an assessment of the potential for an appropriate medical malpractice claim.
The most important aspect of a successful birth injury lawsuit is proving that the defendant was liable for the duty of care. This is established by showing that the medical practitioner did not exercise the proper level of skill and prudence which is expected of the profession under similar circumstances. Failure to follow this standard could lead to injuries, illness or even death of the patient.
In most cases the legal team representing the plaintiff will question medical professionals and doctors who were involved in the
birth injury lawsuits of the injured child. These statements are made under oath, and then considered evidence.
The defendants will usually attempt to settle the matter to avoid the possibility of a high verdict for medical negligence. If a settlement is not possible, the case may be scheduled for trial. In the trial, a jury will decide on the amount of compensation to be given to the plaintiff as well as any other parties in the case. The amount could be a reimbursement for past and future medical expenses and home modifications,
Birth Injury Attorney therapy sessions and other expenses associated with the condition of the child who was injured.