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How to File a Birth Injury Lawsuit

Inadvertent mistakes made by doctors, nurses and other medical staff during childbirth could result in permanent birth injuries that need lifetime medical attention and costly treatment. A lawsuit can help cover these costs and birth injuries hold accountable the responsible parties.

An attorney will determine if negligence was committed by looking over medical records and retaining experts. Experts will analyze medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be devastating 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 allow them to afford the treatment they need for a better quality of life.

The amount of compensation the plaintiff receives in a successful birth injury lawsuit is contingent on how severe the injuries are and what impact they've had on their life. Compensation is granted for both economic and non-economic injuries. Economic damages are objective and can be quantified and measured. Medical expenses and lost wages can be included.

Non-economic damages are subjective and are not quantifiable. These damages could include pain and discomfort, the loss of appearance and enjoyment of living among others. The jury will determine the damages of these types by examining evidence from expert witnesses.

It is important to know that in a lot of cases, the victim and their attorney will reach a settlement instead of going to trial. Trials are costly, lengthy and potentially dangerous for both parties. Settlements allow both parties to continue their lives and avoid the risks. In addition, settlements usually award families with compensation much quicker than a jury decision would.

Statute of limitations

Families need a lawyer by their side when there is medical malpractice. Lawyers can assist in the construction of an action by requesting medical records of the doctor or hospital involved in the birth injury. These records should be requested as soon as possible and ensure that they're not lost or altered.

An experienced attorney can 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 mistakes or negligence on the part of the doctor. To prevail in a lawsuit for medical malpractice the plaintiff must prove that the doctor deviated from the generally accepted standards of care for doctors of their type and field of expertise, and that the deviation directly caused the birth injury.

When the case is built after which the attorney can submit a demand to the doctor's or hospital's malpractice insurance company. The demand will include all documents and records supporting the claim. The insurance company will then either accept the demand or offer an offer counter to it.

In these cases, victims are entitled to compensation for medical expenses, lost income, non-economic losses like pain and suffering, or punitive damages if the case is more grave. The court must accept these compensations if the case goes to trial. However, most of these cases settle prior to trial. Trials can be stressful and dangerous for plaintiffs. Jury members and judges 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 important evidence and create a solid case for you. In addition, it can also stop your doctor from destroying or altering the necessary documents.

Your attorney will obtain the medical records for your child and all others involved in the birth of your child. They will also engage medical experts to review the records and define the standards of care. Doctors are generally held to a higher degree of quality than generalists such as nurses, because they have specialized knowledge and training.

Your legal team and you will have to prove the four elements of a claim for medical malpractice: duty, breach of that duty, causation, as well as damages. Based on the strength of your claim, you may be awarded financial compensation for both economic and non-economic damages. In certain instances, a sloppy conduct could result in punitive damages in order to punish the defendants for their actions.

After analyzing the evidence, your lawyer will then negotiate with the defendants to try to settle. This is a less risky method to receive compensation, however it might not be feasible for every case. If you are unable to reach an agreement with your lawyer, they will prepare for trial. This will involve taking depositions that are sworn testimony in the form of question-and-answer sessions with an attorney.

Trial

Get a birth injury lawyer on your side as shortly as you can after the birth of your child. An experienced lawyer can analyze medical records, bring in experts to testify and create an effective case that results in maximum compensation. Many lawyers offer free consultations or assessment of cases. This means that there is no charge to consult with a lawyer for an assessment of whether an actual claim of medical malpractice exists.

The key to a successful birth injury lawsuit is proving that the defendant owed a duty of care. This is done by showing that the medical professional was not exercising the proper degree of skill and care that would be expected in the profession in similar circumstances. Failure to follow this standard can lead to injury, illness, or even death for the patient.

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

The defendants will usually attempt to settle the matter to reduce the risk of a large jury verdict for medical negligence. If a settlement is not feasible, the case could be scheduled for trial. The jury will decide the amount of money to be awarded to the plaintiff and the other parties involved in the case. This compensation can include future and past medical expenses, home modifications, therapies sessions, and any other expenses related to the condition of a child who has been injured.