How to File a Birth Injury Lawsuit
Mistakes made by doctors, nurses and other medical personnel during childbirth could result in permanent birth injuries that need lifetime medical attention and costly treatment. A lawsuit can help pay these costs and hold responsible parties to account.
An attorney will determine if negligence occurred through reviewing medical records and engaging experts. Experts will analyze medical evidence and deposition testimony.
Damages
Unexpected birth injuries can be traumatic for families and cost an enormous amount. They could require long-term medical treatment or medications as well as assistive devices. The money they receive from a successful lawsuit could provide the medical care they require for a better quality of life.
The amount of damages an individual plaintiff receives in successful birth injury case is contingent on how serious the injuries are, as well as the impact they have had on their lives. Compensation can be granted for both economic and non-economic injuries. Economic damages are relatively objective damages that can be quantified and measured. These include medical expenses and lost wages.
Non-economic damages, on contrary, are not measurable and are more subjective in their nature. These damages may include discomfort and pain, impairment and loss of enjoyment of life and many more. Expert witnesses will present evidence to the jury which will help them determine these types.
It is important to know that in most cases, the attorney and the victim can reach a settlement instead of going to trial. This is due to trials being expensive, time consuming, and risky for both sides. Settlements allow both parties to continue their lives and to avoid these risks. In addition, settlements typically provide families with compensation earlier than a jury verdict would.
Statute of limitations
If medical malpractice is a problem families should have a lawyer on their side. Lawyers can assist in the construction of claims by requesting medical records of the doctor or hospital which was responsible for the birth injury. The documents should be requested as fast as possible to avoid them being lost or altered.
An experienced attorney could also consult with medical experts to determine if the doctor or hospital acted appropriately under the circumstances. They will also determine if the injury was due to negligence by a medical professional or an error. To be successful in a medical malpractice lawsuit, the victim must prove that the doctor Birth injury Lawyer acted in a manner that was contrary to the standard of care that is generally accepted for doctors of their kind and area of expertise, and the deviation directly led to the birth injury.
Once the case has been enough crafted, an attorney will submit a package of demand to the malpractice insurance company for the hospital or doctor. The demand will include records and documents that support the claim. The insurance company will then either accept the demand or offer an offer counter to it.
Victims in these cases can be awarded compensation for medical expenses and loss of income economic damages like pain and suffering, as well as punitive damages for more serious cases. The court has to approve these compensations if the case goes to trial. However, most of these cases are settled before trial. The trial process is risky and stressful for plaintiffs, and judges and juries typically give high verdicts to doctors and hospitals in these types of cases.
Preparation
It is important to begin the process of filing a lawsuit for birth injury as soon as possible. This allows your attorney to gather evidence that is crucial and create a strong case for you. In addition, it will assist in preventing your doctor from destroying or altering the necessary documents.
Your attorney will get your child’s medical records and the medical records of every person involved in the birth of your child. They will also employ medical experts to review the records and determine the quality of care. Typically, doctors are held to a higher standard than nurses and generalists because they have specific training and expertise.
Your legal team and you will have to establish four elements in a case of medical malpractice that include breach of duty, breach of duty, causation and damages. You could be awarded financial compensation for economic or non-economic injuries based on quality of your case. In certain instances, a sloppy conduct could result in punitive damages intended to punish the defendants for their actions.
After evaluating the evidence, your attorney will then negotiate with the defendants in an effort to reach a settlement. This is a less risky approach to get compensation, but is not always feasible in every case. If you are unable to reach an agreement with your lawyer, he will prepare for trial. This will involve taking depositions which are sworn statements in the form of question and answer sessions with an attorney.
Trial
It is crucial to speak with a birth injury lawyer as soon as you can after the child’s birth. A skilled lawyer can look over medical records, bring in expert witnesses and build an effective case that results in the highest amount of compensation. Most attorneys offer free consultations or case evaluations. This means that there is no charge to speak with a lawyer to determine whether there is a valid claim for medical malpractice is filed.
A successful birth injury law firms injury case hinges on the proof that the defendant acted in accordance with a duty of reasonable care. This can be proven by proving the medical provider did not act with the level of care and competence that would have been expected in their field in similar circumstances. In the event that a doctor fails to act with this standard of care can result in injury, suffering or even death for a patient.
In most cases the plaintiff’s team will depose the doctors and other medical professionals involved in the birthing of the injured child. These statements are sworn under the oath and are considered to be evidence.
The defendants will usually attempt to settle the case to keep from the possibility of a high jury verdict for medical malpractice. If a settlement is not possible, the case may be put on trial. In the trial, the jury will decide on the amount of compensation that must be awarded to the plaintiff and any other parties in the case. This compensation can include future and past medical expenses and home modifications, therapies sessions, and any other costs associated with an injury to a child.