Four Parts of a Legal Claim

If a doctor or hospital results in a birth injury, the family affected should receive fair compensation to pay for medical expenses and ensure their child's future. Attorneys and experts collaborate to construct an action that fulfills four legal requirements.

The lawsuit starts when the attorney for the plaintiff is required to file a summons or complaint with the court. The case is then subject to an initial period of discovery in which attorneys exchange information, which includes depositions.

Statute of Limitations

Like any personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a specified period of time, also known as a statute of limitation. When this window is over families and victims could lose their right to financial compensation for the damages resulting from medical malpractice.

A doctor or nurse who fails to meet the standards of care is considered to be guilty of medical malpractice. In a lot of states, the standard is to practice within their scope of education, training and experience. Obstetricians, medical specialists, and other doctors are held to even higher standards because of their unique training and special expertise.

Lawyers often require medical experts to testify on behalf of their clients about the standard of medical care. Experts can review the case files or conduct depositions of witnesses to assist in proving negligence claims.

Expert witnesses can identify between errors and malpractice. A mistake, for instance is an error that any competent and reasonably skilled medical provider could have made under the circumstances. However, the error caused harm. Medical malpractice is a more serious issue and involves a deliberate action or omission that causes harm. Most birth injury lawyers will argue both theories to ensure victims receive the right amount of compensation for their injuries.

A family may file a birth injury lawsuit against private parties, like hospitals or obstetricians, for negligence that leads to a child's medical problems. Families can also file a wrongful death claim if a severe birth defect results in the death of the child.

Medical Records

If you or someone you love suffered a birth injury, filing an action can be difficult. A medical malpractice or personal injury attorney can assist you in gathering the necessary documentation and proof to increase your chances of obtaining the financial compensation due.

A successful claim for birth injury relies on establishing four essential elements that include duty of care; breach of this duty; causation and damages. A skilled lawyer can work with your family to establish these elements based on medical records and other evidence including expert testimony.

In a medical malpractice case in general, a doctor is liable for his or her actions within the context of their employment. However, a hospital can be held vicariously accountable for the negligent acts of its employees if they act in the course and extent of their duties.

Depending on the severity of your child's injuries, they could require medical and life-care services for the remainder of his or her life. This could mean a lot of costs, such as hospital stays, additional procedures and surgeries, medications, in-home carers equipment, and other services.

The litigation process for cases involving birth injury law firms injuries could take years to complete, but an experienced legal team can speed up the process by carefully reviewing all of the evidence and then delivering it to you quickly. Many birth injury attorneys provide free consultations for initial consultations, and they also have contingency fee agreements. This means that you won't be charged any attorney's fees during the litigation process unless you win compensation.

Expert Witnesses

The medical expert witness is an important source of information for judges and jury. The expert will analyze the case and determine which aspects are clinically significant. This allows attorneys to concentrate their arguments and only discuss the relevant aspects. The expert is also able to translate the scientific and medical terminology into a simple format for jurors.

In order for a lawsuit to be successful, there are four elements that must be proven: negligence, breach of duty, causation and damages. New York birth injury attorneys can use medical records as well as other evidence to prove this. They can name as defendants any medical professional who were involved in the treatment of the child and the birth including the hospital in which the birth took place. They may also need to name the mother or any other family member who was present during the birth.

After the lawsuit has been filed after which the parties proceed with filing motions, hearings and discovery. This includes the exchange of medical records and other information between the two sides. The discovery phase can last up to one year or more. During this period, the parties will often try to settle the matter. If a settlement is not reached the case will proceed to trial. This can last for several years, though most cases settle earlier.

Damages

The process of suing begins by building a case for financial compensation. Your lawyer needs the resources required to build a strong case and get it to trial, if needed. Your lawyer generally advances the entire cost of litigation and pay fees for attorneys only if you recover money.

The birth injury lawsuit process starts with your lawyer filing an Summons and Complaint with the court in the county where the injury occurred. Hospitals, doctors and other medical care are defendants. Once the lawsuit is filed, Birth injury lawsuits there are a number procedures that are followed. This is when attorneys exchange information, evidence and depose witnesses.

The most important aspect of a birth injury lawsuit is showing the causation. You must prove that a medical professional breached their obligation and that your child would not be injured if they had not.

The other major aspect of an action for birth injury is the proof of damages. Your lawyer will consult with experts to determine the totality of your losses, from medical bills and lost income, to lifelong care and emotional distress. Your lawyer can also try to increase the value of your claim by submitting evidence from other malpractice cases that involved similar injuries. Finally your lawyer will look at the current status of the law for your type of accident, including whether the noneconomic damage cap applies.