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How to File a Birth Injury Lawsuit Negligent mistakes made by doctors, nurses and other medical personnel during childbirth may result in permanent birth injuries that require ongoing treatment and costly care. A lawsuit can help cover these costs and hold accountable for the parties responsible. An attorney will go through medical records and consult with experts to determine the extent of negligence. Experts will examine medical evidence and deposition evidence. Damages Unexpected birth injuries can be devastating for a family and cost lots. They may need long-term medical treatment, medication, or assistive devices. A successful lawsuit may aid them in paying for the treatment they require to improve their quality of life. The amount of compensation a plaintiff could 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 non-economic damage. Economic damages are quantifiable and objective forms of damages. Medical expenses and lost wages can be included. Non-economic damages are subjective and are not quantifiable. These damages may include pain and discomfort, impairment and loss of enjoyment of living and many more. The jury will decide these types of damages in light of evidence from experts. In most cases the victim will agree to agree to a settlement with their attorney rather than going to trial. Trials are costly, lengthy and can be dangerous for both parties. Settlements allow both parties to move on with their lives without the risk. In addition, settlements generally provide families with compensation quicker than a jury decision would. Statute of limitations If medical malpractice is a problem and families are liable, they need a lawyer to help them. A lawyer can assist in establishing the case by asking for medical records from the hospital or doctor that caused the birth injury. These records must be requested as soon as it is possible, so that they are not lost or altered. An experienced attorney may also consult with medical experts to determine if the doctor or hospital was able to act in the right way under the circumstances. They can also determine if the injury was caused due to negligence by a medical professional or an error. In order to win a medical malpractice case the victim needs to prove that the doctor violated the standards of professional treatment for their particular area of expertise and type and that the deviation led to the birth injury. After the case is sufficiently crafted the attorney will then submit an order to the malpractice insurance company of the doctor or hospital. The demand will include all the documentation and records supporting the claim. The insurance company will either accept the demand or issue an offer to counter. In these cases, victims can receive compensation for medical expenses, lost income, other damages, such as suffering and pain or punitive damages if the case is more grave. If the case is taken to court, these awards must be approved by the court. However, most of these cases settle before trial. Trials can be stressful and dangerous for plaintiffs. Judges and juries give high verdicts in these cases. Preparation It is essential to start the process of suing for birth injury as soon as you are able. This allows your attorney to gather vital evidence and establish a solid case for you. It can also prevent your medical provider not destroying or altering documents that are required. Your attorney will get your child's medical records as well as the medical records for everyone involved in the birth of your child. They will also hire medical professionals to review the records and determine the standard of care. Usually doctors are held to a higher standard than nurses or generalists since they have specialized training and know-how. Your legal team and you will have to prove the four elements of a medical malpractice claim which are duty, breach of duty, causation, and 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 actions can result in punitive damages that are intended to punish the defendants for their actions. After evaluating the evidence, your attorney will then negotiate with the defendants to try to settle. This is a less-risky way to obtain compensation, but it might not be feasible for every case. If you fail to reach an agreement, your lawyer will prepare for trial. This will involve taking depositions, which are sworn statements in the form of question-and-answer sessions with an attorney. Trial Contact a birth injury lawyer as shortly as you can after the birth of your child. A seasoned lawyer can look over medical records, interview expert witnesses and build a strong case that is capable of achieving maximum compensation. A majority of lawyers offer free consultations or assessments of cases. This means that there is no cost to consult with a lawyer to determine whether an actual claim for medical malpractice exists. The most important aspect of a successful birth injury lawsuit is establishing that the defendant owed a duty of care. This can be proven by proving that the medical practitioner did not exercise the level of care and competence that is expected in their profession under similar circumstances. Failure to follow this standard could lead to injuries, illness or even death of the patient. In birth injury law firm elgin of cases, the plaintiff's legal team will depose the doctors and other medical professionals who were involved in the birthing of the child who was injured. These statements are sworn under the oath and are considered to be evidence. The defendants usually try to settle the matter to keep from the possibility of a high verdict for medical malpractice. If a settlement is not reached, the matter may be scheduled for trial. The jury will decide the amount of compensation to be awarded to both the plaintiff and other parties in the case. This could include compensation for future and past medical expenses, home modifications, therapy sessions, and other costs related to the child's injury.