Birth Injury Attorney: A Simple Definition

How to File a Birth Injury Lawsuit

Unfortunate mistakes made by doctors, nurses and other medical personnel during childbirth can result in permanent birth injuries that require ongoing medical treatment and expensive care. A lawsuit can help cover these costs and hold responsible parties to account.

An attorney will look over medical records and consult with experts to determine if there was negligence. Experts will examine medical evidence and deposition testimony.

Damages

Unexpected birth injuries aren't only difficult for the family members, but they could also cost a lot of money. They may require long-term medical treatment, medication, or assistive devices. A successful lawsuit could enable them to pay for the care they require to enhance their quality of life.

The amount of compensation the plaintiff receives in a successful birth injury lawsuit is contingent on how serious the injuries are as well as the impact they have had on their life. Compensation is granted for both economic and non-economic damages. Economic damages are quantifiable and objective forms of damages. They can include medical expenses and lost wages.

Non-economic damages are subjective, and therefore less quantifiable. These damages could include discomfort and pain, as well as the loss of appearance and enjoyment of living as well as other types of damages. The jury will determine the amount of damages in light of evidence from experts.

It is important to understand that in a lot of cases, the lawyer and the victim will settle the case instead of going to trial. Trials are costly, lengthy and risky for both parties. A settlement allows both parties to continue their lives and avoid these risks. Settlements also tend to offer families with compensation much earlier than a jury decision.

Statute of limitations

If medical malpractice happens families must have a lawyer on their side. A lawyer can assist in establishing an action plan by asking for medical records from the hospital or doctor who was involved in the birth injury. These records must be sought as soon as possible and ensure that they're not lost or altered.

An experienced attorney can consult with medical experts to determine whether the hospital or doctor performed their duties in the appropriate way given the circumstances. They can also determine if the injury was caused due to mistakes or negligence on the part of the doctor. To be successful in a lawsuit for medical malpractice the plaintiff must show that the doctor's behavior was not in accordance with the standards of care generally accepted for doctors of their type and specialty, and that the deviation directly led to the birth injury.

After the case has been developed and substantiated, the attorney will send an appropriate demand form to the doctor's or hospital's malpractice insurance provider. The demand will include documents and documentation that supports the claim. The insurance company may accept the demand or offer an offer counter to it.

Victims in these cases could receive compensation for medical expenses, loss of income, non-economic damages, such as suffering and pain, and punitive damages in more serious cases. The court must accept these settlements if the case goes to trial. However, most of these cases end up being settled prior to trial. The trial process is a risky and stressful for plaintiffs, and judges and juries frequently decide to award large verdicts against doctors and hospitals in these cases.

Preparation

When you file a birth injury lawsuit, it is important to start the process as early as you can. This will allow your lawyer to gather the necessary evidence and develop a convincing case for you. It also helps to prevent your medical provider not destroying or altering documents that are required.

The attorney for your child will obtain medical records for your child and all others involved in the delivery of your child. They also will employ medical experts to review the documents and determine the level of care. Doctors are usually held to a higher level of quality than generalists such as nurses, since they have specific knowledge and training.

Your legal team must prove the four elements of a medical malpractice claim that include breach of that duty, causation, as well as damages. Depending on the merits of your case you may be awarded financial compensation for both economic and non-economic damages. In some cases, egregious conduct may warrant punitive damage that is designed to penalize defendants.

After analyzing the evidence and negotiating with defendants, your lawyer will try to negotiate a settlement. This is a less risky way to secure compensation, but might not be feasible for every case. If you are unable to come to an agreement with your lawyer, they will prepare for trial. This will involve taking depositions which are sworn declarations in the form of question and answer sessions with an attorney.

Trial

Contact a birth injury lawyer as soon as possible after the birth of your child. An experienced lawyer can review medical records, bring in experts to testify and create an effective case that will result in the maximum amount of compensation. Most attorneys offer free consultations or case evaluations. This means that there is no charge to speak with an attorney for an assessment of whether an actual claim of medical malpractice exists.

The most important aspect of a successful birth injury lawsuit is establishing that the defendant was liable for the duty of care. This is demonstrated by proving that the medical provider failed to exercise the appropriate level of skill and caution that would be expected in the profession under similar circumstances. In the event that a doctor fails to act in accordance to this standard of treatment could result in injury or disease or even death for the patient.

In most cases the legal team representing the plaintiff will interview medical professionals and doctors who were involved in the birth of the injured child. These statements are taken under oath before being considered evidence.

In most cases, the defendants will attempt to settle the case to avoid the possibility that a jury verdict for medical malpractice could be a high verdict. If a settlement cannot be reached, the case can be scheduled for trial. At the trial, the jury will determine the amount of compensation to be given to the plaintiff as well as any other parties in the case. This compensation can include future and past medical expenses, home modifications, therapies sessions, and other expenses relating to an injured child's condition.