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How to File a Birth Injury Lawsuit Unfortunate mistakes made by nurses, doctors and other medical personnel during childbirth may result in permanent birth injuries that require a lifetime treatment and expensive care. A lawsuit can help cover these expenses and hold the accountable parties. An attorney will go through medical records and engage experts to determine whether there was negligence. Experts will look over medical evidence and deposition testimony. Damages Birth injuries that are unexpected are not only difficult for the family members, but they could also cost a lot of money. They may need long-term medical treatment, medication, or assistive devices. Compensation from a successful lawsuit could allow them to afford the treatment they need for a better quality of life. The amount of compensation a plaintiff can receive in a successful lawsuit for birth injuries depends on the severity of the injuries and their impact on the plaintiff's life. Compensation is awarded for both economic and non-economic damages. Economic damages are objective damages that can be measured and quantified. These can include medical expenses and lost wages. Non-economic damages are subjective and are not quantifiable. These damages could include pain and discomfort, disfigurement and loss of enjoyment of living among others. The jury will determine these damages based on evidence from expert witnesses. It is important to understand that in a lot of cases, the victim and their attorney will negotiate a settlement instead of going to trial. Trials are expensive, time-consuming and can be dangerous for both parties. A settlement allows both parties to move on with their lives and to avoid these risks. Settlements also tend to award families with compensation ahead of a jury verdict. Statute of limitations Families require a lawyer at their side when medical malpractice occurs. A lawyer can assist in establishing an action by requesting medical records of the doctor or hospital that was involved in the birth injury. The records should be requested as soon as is possible to ensure that they are not lost or altered. A medical expert can be consulted by a seasoned lawyer to determine if the hospital or doctor acted the correct way under the circumstances. They will also determine if the accident was the result of a medical mistake or negligence. To prevail in a lawsuit for medical malpractice the plaintiff must show that the doctor deviated from the standard of care that is generally accepted for professionals of their type and field of expertise, and that the deviation directly led to the birth injury. Once the case is sufficiently developed and substantiated, the attorney will send an order to the doctor's or hospital's malpractice insurance carrier. The demand should include all documents and records supporting the claim. The insurance company may accept the demand or offer an offer counter to it. Victims of these cases can get compensation for medical bills and loss of income economic damages like pain and suffering, as well as punitive damages in more serious cases. If the case is taken to court, the awards must be approved by the court. However, the majority of cases are settled before trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries award high verdicts in these cases. Preparation When you file an injury lawsuit against a birth, it is essential to begin the process as early as you can. This allows your lawyer to gather vital evidence and build a strong case for you. In addition, it will assist in preventing your doctor from destroying or altering the important documents. Your attorney will collect your child's medical record and the medical records of everyone who was involved in the delivery of your child. They will also employ medical professionals to review the records and determine the standard of care. In general doctors are held to a higher standard than nurses, generalists or nurses because they have specialized training and know-how. Your legal team and you will need to prove four elements in a case of medical malpractice that include breach of duty, breach of duty and causation as well as damages. You may be awarded the financial compensation you deserve for economic and non-economic injuries based on quality of your case. In some cases, egregious behavior may warrant punitive damages intended to punish the defendants for their actions. After analyzing birth injury lawyer whittier , your lawyer will negotiate with the defendants to settle. This is a less risky method to obtain compensation, but it may not be possible for every case. If you are not able to reach an agreement with your lawyer, he'll prepare for trial. This may require depositions. These are sworn testimony that take the form of a question-and-answer session with an attorney. Trial Consult a lawyer for birth injuries as shortly as you can after the birth of your child. An experienced lawyer will be able to review medical records, consult expert witnesses and build a strong case that is capable of obtaining the maximum amount of compensation. Many lawyers offer free consultations or assessment of cases. This means that there is no cost to speak with an attorney for an assessment of whether an appropriate claim of medical malpractice exists. The most important aspect of a successful birth injury lawsuit is establishing that the defendant was liable for a duty of care. This can be proven by proving the medical provider did not perform the level of care and competence that is expected in their profession under similar circumstances. Infractions to this standard could result in injury, illness or even death for the patient. In most cases the plaintiff's legal team will depose the doctors and other medical professionals involved in the birthing of the child who was injured. These statements are taken under oath before being considered evidence. The defendants will typically attempt to settle the matter to avoid the risk of a high jury verdict for medical negligence. If a settlement cannot be reached, the case could be referred to trial. The jury will determine the amount to be awarded to both the plaintiff as well as other parties in the case. This amount can include compensation for future and past medical expenses, home modifications, therapy sessions and other costs related to the injury of the child.