Birth Injury Attorney: A Simple Definition

How to File a Birth Injury Lawsuit

Inadvertent mistakes made by doctors, nurses and other medical staff during childbirth can lead to permanent birth injuries that require a lifetime medical attention and costly treatment. A lawsuit could help pay these costs and hold responsible parties to account.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and engaging experts. The experts will examine medical evidence as well as deposition testimony.

Damages

Unexpected birth injuries can be traumatic for a family and cost quite a bit. They may need ongoing medical treatment, medications, or assistive devices. A successful lawsuit may aid them in paying for the services they require to improve their lives.

The amount of compensation a plaintiff will receive in a successful lawsuit for birth injuries is determined by the severity of the injuries and their impact on the plaintiff's life. Compensation is awarded for both economic and other types of damage. Economic damages are the most tangible and objective types of damages. These can include medical expenses and lost wages.

Non-economic damages are subjective and less quantifiable. These include the suffering of others, disfigurement as well as loss of enjoyment life, and so on. Expert witnesses will provide evidence to the jury that will assist them in determining the type of case.

In a majority of cases, the victim will agree to a settlement with their attorney rather than going to trial. This is due to the fact that trials are costly, time-consuming, and risky for both sides. Settlements, on other hand, allows both parties to avoid these risks and move on with their lives. In addition, settlements generally award families with compensation much sooner than a jury verdict would.

Statute of limitations

Families require a lawyer at their side when there is medical malpractice. A lawyer can assist in establishing claims by requesting medical records of the doctor or hospital which was responsible for the birth injury. These records must be sought as soon as possible in order to ensure they are not lost or altered.

An experienced attorney may also consult with medical experts to determine whether the hospital or doctor was able to act in the right way under the circumstances. They can also determine if the injury was caused due to mistakes or negligence on the part of the doctor. To prevail in a lawsuit for medical malpractice, the victim must prove that the doctor's actions were not in line with generally accepted standards of care for professionals of their type and specialization, and that the deviation directly led to the birth injury.

After the case has been sufficiently crafted the attorney will then submit the demand form to the malpractice insurance company for the hospital or doctor. The demand should include evidence and documentation that supports the claim. The insurance company will either accept the demand or issue a counteroffer.

Victims of these cases can get compensation for medical bills and loss of income non-economic damages like pain and suffering, as well as punitive damages in more serious cases. If the case goes to court, the award must be approved by the court. Most of cases are settled prior to trial. The trial process is risky and stressful for plaintiffs and judges and juries often give high verdicts to doctors and hospitals in these cases.

Preparation

It is essential to begin the birth injury lawsuit process as soon as possible. This will allow your lawyer to gather critical evidence and create a solid case for you. It also helps to prevent your medical provider in destroying or altering important documents.

Your attorney will collect the medical records for your child and all others involved in the delivery of your child. They also will employ medical experts to review documents and determine the standards of care. Doctors are usually held to a higher standard 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 four elements in a case of medical malpractice which are breach of duty, duty, causation and damages. You may be awarded financial compensation for economic or non-economic losses based on the strength of your case. In some cases, egregious conduct could result in punitive damages that are intended to punish the defendants for their actions.

After analyzing the evidence, your lawyer will engage with the defendants to reach a settlement. This is usually an easier way to secure the compensation you want, but it might not be possible in every case. If you can't come to an agreement with your lawyer, he will prepare for trial. This may involve taking depositions that are sworn testimony in the form of question and answer sessions with an attorney.

Trial

It is crucial to speak an attorney for birth injuries immediately following the birth of your child. A seasoned lawyer will be able to examine medical records, call expert witnesses and build an argument that is capable of achieving maximum compensation. Many lawyers offer free consultations and evaluations of cases, so there is no cost for a consultation with an attorney to get an evaluation of the possibility for an appropriate medical malpractice claim.

The key to a successful birth injury lawsuit is to establish that the defendant owed a duty of care. This can be established by proving that the medical practitioner did not exercise the level of care and competence that would be expected in their profession under similar circumstances. Failure of a physician to comply with this standard of care could result in injury or death or illness for the patient.

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

The defendants will typically attempt to settle the case to reduce the risk of a high jury verdict for medical negligence. If a settlement is not reached, the matter may be scheduled for trial. In the trial, the jury will decide the amount of compensation that must be awarded to the plaintiff and any other parties in the case. The amount could be a reimbursement for future and past medical expenses and home modifications, therapy sessions, and other expenses associated with the injury of the child.