Four Parts of a Legal Claim

If a doctor, hospital or any other entity creates a birth injury for a child, the family is entitled to fair compensation for medical expenses and any future support. Attorneys and experts collaborate to create an appeal that meets four legal requirements.

The lawsuit starts with the filing of a summons and complaint by the lawyer representing the plaintiff. The case goes through a discovery phase, during which attorneys exchange information and take depositions.

Statute of limitations

Like any personal injury lawsuit in the United States, birth injury lawsuits must be filed within a specified period of time known as a statute of limitation. After this time-frame expires, victims and their families could lose the opportunity to obtain financial compensation from medical malpractice.

A nurse or doctor who does not meet the requirements of medical care is considered to be negligent in their medical practice. In many states, this standard includes practicing within the confines of their education, training and experience. Due to their unique education, medical professionals such as obstetricians, for instance, have higher standards.

Lawyers often seek evidence of the standard of medical treatment from experts who can testify on behalf of clients. Experts are able to review dossiers of the case and take depositions in support of claims of negligence.

Expert witnesses can also differentiate between errors and malpractice. For example a mistake is an error that even a skilled and competent medical provider could have made in the circumstances, however the error caused harm. Malpractice is a more serious matter and requires an intentional act or omission that causes harm. Most birth injury attorneys plead both theories to ensure that victims receive the right amount of compensation for their injuries.

A family can sue a private entity such as an obstetrician's office or hospital for negligence that results in medical issues for a child. Families may also file a wrongful-death claim if an injury to the birth canal is severe enough to result in a child's death.

Medical Records

If you or someone you love has suffered birth injuries, submitting a claim can be complicated. A medical malpractice and personal injury attorney can assist you in gathering the necessary evidence and documentation to improve your chances of winning the financial compensation due.

A successful claim for birth injuries is based on the establishing of four key elements: duty of care; breach of this duty; causation, and damages. A knowledgeable lawyer can assist your family in establish these elements using medical records and other evidence including expert testimony.

In a lawsuit for medical malpractice, a doctor is generally responsible for the actions they make in the course of their job. However, a hospital could be held vicariously responsible for the negligent acts of its employees if they're acting within the context and nature of their work.

Based on the nature of the injuries your child sustains, they may require medical and life-care assistance for the rest of his or her life. This can result in a large amount of costs, including hospitalization or additional surgeries and medications and home care, as well as equipment and other services.

The litigation process for cases involving birth injuries could take years to finish, however, a skilled legal team can expedite the process by carefully reviewing all the evidence and supplying it to you promptly. Most birth injury attorneys offer free initial consultations, and they also have contingency fee agreements. This means that you will not be charged any attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness gives important information to the jury and judge. This expert is able to examine the particular case and recognize what elements are clinically significant. This allows attorneys to better focus their arguments and only discuss the relevant aspects. The expert can also translate the scientific and medical terminology into an easy to understand format for the jury.

To make a case successful, there are four parts that must be proved: negligence, breach of duty, causation, and damages. New York birth injury attorneys can make use of medical records and other proof to demonstrate this. They can name as defendants any medical professionals involved in the care or delivery of the baby, including the hospital or institution where the delivery occurred. They may also be required to identify the mother, or any other family member who was present at the birth.

Once the lawsuit is filed, the parties will go through a process of filing motions, hearings and discovery. The exchange of medical records in addition to other documents, is a part of the discovery process. The discovery period can last for a period of up to a year. In this time, the parties will often try to settle the matter. If a settlement isn't reached, the case goes to trial. The trial can last for several years, though many cases settle faster.

Damages

The lawsuit process involves building a case to seek financial compensation. Your lawyer needs the resources required to build a solid case and take it to trial, if necessary. The lawyer you hire will typically advance all costs associated with litigation and will receive attorney's fees only if you recover money.

The process of bringing a lawsuit for birth injuries begins with your lawyer filing a Summons and Complaint with the court in the county in which the injury occurred. The doctors, hospitals and other medical professionals become defendants. Once the lawsuit has been filed there are a variety of actions that occur. This is an event during which attorneys exchange information and evidence, including taking depositions or sworn testimony from witnesses.

Causation is the most important element of a birth injury suit. You must prove that a medical professional breached their duty and that your child would not be injured if they did not.

Another important aspect of an action for birth injury is proving damages. Your lawyer will consult with experts to determine the complete range of your losses, from medical bills and income loss to the cost of care for your entire life and emotional anxiety. Your lawyer may also try to support your claim by providing the results of other malpractice cases that have similar injuries. Your lawyer will also take into consideration the law applicable to your specific injury, and will determine whether the noneconomic damages cap is applicable.