12 Companies Leading The Way In Birth Injury Attorney
How to File a Birth Injury Lawsuit
Negligent mistakes made by nurses, doctors and other medical staff during childbirth may result in permanent birth injuries that require a lifetime treatment and expensive care. A lawsuit could aid in paying for these costs and hold the parties responsible accountable.
An attorney will go through medical records and consult with experts to determine whether there was negligence. Experts will look at medical evidence as well as deposition testimony.
Damages
Unexpected birth injuries aren't only devastating for the family members, but can be costly in money. They may require ongoing medical treatment, medications, or assistive devices. A successful lawsuit can aid them in paying for the treatment they require to improve their quality of living.
The amount of damages that a plaintiff will receive in a successful lawsuit for birth injuries depends on the severity of the injuries and the impact they have on his or her life. Compensation can be given for both economic and non-economic harm. Economic damages are tangible and objective forms of damages. They could include medical costs and lost wages.
Non-economic damages are subjective and not quantifiable. They can be characterized by discomfort and pain, disfigurement and loss of enjoyment of living, among others. Expert witnesses will present evidence to the jury which will aid them in determining these types.
It is important to understand that in most cases, the victim and their attorney will negotiate a settlement instead of going to trial. This is because trials are expensive, time-consuming and risky for both sides. Settlements allow both parties to continue their lives and to avoid these risks. Settlements can also award families with compensation much ahead of a jury verdict.
Statute of limitations
If medical malpractice happens families must have an attorney on their side. An attorney can aid in the construction of an argument by seeking medical records from the hospital or doctor involved in the birth injury. These records should be requested as fast as you can to avoid being lost or altered.
An experienced attorney can also consult with medical experts to determine whether the hospital or doctor was able to act in the right way under the circumstances. They will also determine whether the injury was by negligence on the part of a medical professional or a mistake. To be successful in a medical malpractice lawsuit, the victim must prove that the doctor's actions were not in line with generally accepted standards of care for doctors of their type and specialty, and that the deviation directly caused the birth injury.
Once the case has been sufficiently crafted the attorney will then submit an application to the malpractice insurance company of the hospital or doctor. The demand should include evidence and documents that support the claim. The insurance company will then accept the demand, or make a counteroffer.
Victims in these cases can be awarded compensation for medical expenses or loss of income economic damages like pain and suffering, as well as punitive damages for more serious cases. If the case is taken to court, these awards must be approved by the court. However, the majority of cases settle before trial. Trials can be stressful and dangerous for plaintiffs. Jury and judge verdicts are high verdicts in these cases.
Preparation
If you are filing a birth injury lawsuit, it is important to start the process as early as possible. This will allow your lawyer to gather evidence that is crucial and build a solid case for you. Additionally, it could assist in preventing your doctor from destroying or altering the necessary documents.
Your attorney will obtain the medical records for your child and all those involved in the birth of your child. They also will employ medical experts to analyze the records and define the standard of care. In general doctors are held to a higher standard than nurses, generalists or nurses because they have specialized training and knowledge.
Your legal team and you will need to establish four elements in a medical malpractice case: duty, breach causation, duty and damages. You could be awarded an amount of money for economic and non-economic injuries based on strength of your case. In certain cases, the most egregious actions can result in punitive damages to punish the defendants for their actions.
After analyzing the evidence and negotiating with the defendants the lawyer will attempt to reach an agreement. This is typically an easier way to get the compensation you want, but it might not be feasible in all cases. If you fail to reach an agreement the lawyer will prepare for trial. This will involve taking depositions. These are sworn testimony that can be described as a question-and answer session with an attorney.
Trial
Get a birth injury lawyer on your side as soon as possible after the birth of your child. An experienced lawyer will review medical records, summon experts and construct an effective case that can result in the maximum amount of compensation. Many lawyers offer free consultations and evaluations of cases, so there is no cost to speak with an attorney for an assessment of the potential for an effective medical malpractice claim.
The key to a successful birth injury lawsuit is to prove that the defendant was liable for a duty of care. This can be proved by proving that a medical professional didn't exercise the degree of care and competence that would have been expected in their field in similar circumstances. A physician's failure to act in accordance with this standard of care could cause injury, suffering or even death for a patient.
In the majority of cases, the plaintiff's team will question the doctors and other medical professionals involved in the birth of the child who was injured. These statements are taken under oath and are considered evidence.
In most cases, the defendants will try to settle the case to avoid the risk that a jury verdict of medical malpractice could be very high. If a settlement isn't possible, the case might be put on trial. At the trial, the jury will decide the amount of compensation that must be paid to the plaintiff and any other parties involved in the case. This compensation can include future and past medical costs as well as home modifications, therapy sessions, and other expenses related to the condition of a child who has been injured.