How to File a Birth Injury Lawsuit

Inadvertent errors made by doctors, nurses, and other medical professionals during childbirth can lead to permanent birth injuries requiring lifetime medical treatment and costly treatments. A lawsuit could aid in paying for these costs and hold the parties responsible accountable.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and hiring experts. Experts will examine medical evidence and deposition evidence.

Damages

Birth injuries that are unexpected are not only difficult for the family members, but they could be costly in money. They may require long-term medical treatment or medications as well as assistive devices. A settlement from a successful lawsuit could allow them to afford the treatment they require for a higher quality of life.

The amount of compensation a plaintiff could receive in a successful lawsuit for birth injury will depend on the severity of the injuries and the impact they have on his or her life. Compensation is granted for both economic and non-economic harm. Economic damages are tangible and objective forms of damages. Loss of wages and medical expenses can be included.

Non-economic damages are subjective and are not quantifiable. They can be characterized by discomfort and pain, disfigurement, and loss of enjoyment of living as well as other types of damages. The jury will determine the amount of damages based on evidence from expert witnesses.

In most instances the victim will agree to a settlement with their attorney rather than 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 avoid the risks. In addition, settlements typically give families compensation much faster than a jury would.

Statute of limitations

Families require a lawyer on their side when medical malpractice occurs. Lawyers can assist in the construction of a claim by requesting the medical records of the doctor or hospital involved in the birth injury. These records should be requested as soon as is possible, so that they are not lost or altered.

A medical professional can be consulted by an experienced attorney to determine if the hospital or doctor acted the correct manner under the circumstances. They will also determine whether the injury was due to negligence by a medical professional or an error. To prevail in a lawsuit for medical malpractice the victim must demonstrate that the doctor deviated from generally accepted standards of care for doctors of their kind and specialization, and that the deviation directly led to the valparaiso birth injury lawyer injury.

After the case is enough crafted an attorney will send an order to the malpractice insurance company of the doctor or hospital. The demand should include evidence as well as documentation to support the claim. The insurance company will either accept the demand or issue a counteroffer.

In these instances, victims can receive compensation for medical expenses or lost income, as well as non-economic damage such as suffering and pain or punitive damages in the event that the case is more grave. If the case goes to court, the award must be approved by the court. However, the majority of cases settle prior to trial. Trials are stressful and risky for plaintiffs. Jury members and judges award high verdicts in these cases.

Preparation

It is essential to start the birth injury lawsuit process as soon as you can. This will allow your lawyer to gather crucial evidence and build a strong case for you. It can also prevent your medical provider destroying or altering necessary documents.

Your attorney will collect your child's medical record and the medical records for everyone who was involved in the delivery of your child. They will also hire medical experts to review the records and define the standards of care. Doctors are typically held to a higher degree of care than generalists, such as nurses, because they have specialized knowledge and training.

Your legal team will have to demonstrate the four elements of a medical malpractice claim that include breach of duty, causation, and damages. You could be awarded an amount of money for economic and non-economic damage depending on the strength of your case. In certain circumstances, unjust actions can result in punitive damages to punish the defendants for their actions.

After analyzing the evidence, your lawyer will engage with the defendants to try to reach a settlement. This is usually an easier way to get the compensation you require, but it may not be feasible in every case. If you do not reach an agreement your lawyer will prepare for trial. This could involve taking depositions that are sworn testimony in the form of question and answer sessions with an attorney.

Trial

It is vital to talk with a birth injury attorney as soon as you can after the Pocahontas birth injury law firm of your child. An experienced lawyer can review medical records, call in expert witnesses and build an effective case that results in the maximum amount of compensation. Many lawyers offer free consultations and case evaluations, so there is no cost to speak with an attorney for an evaluation of the possibility for an effective medical malpractice claim.

A successful birth injury case rests on proving that the defendant violated a duty of reasonable care. This is established by proving that the medical professional did not exercise the level of skill and prudence that is expected in the profession in similar circumstances. In the event that a doctor fails to act in accordance to this standard of treatment could cause injury, suffering or even death for a patient.

In the majority of cases, the plaintiff's legal team will interview doctors and other medical professionals who were involved in the birth of the injured child. These statements are made under swearing under oath and considered evidence.

In most cases, the defendants will attempt to settle the case in order to avoid the risk that a jury verdict of medical malpractice could be a high verdict. If a settlement is not feasible, the case could be scheduled for trial. During the trial, the jury will decide the amount of compensation that must be given to the plaintiff as well as any other parties involved in the case. This can include the future and past medical expenses as well as home modifications, therapy sessions, and any other expenses related to an injury to a child.