Four Parts of a Legal Claim

When a doctor or hospital results in a birth injury, the affected family deserves fair compensation to cover medical expenses and ensure their child's future. Attorneys and experts collaborate to construct a case that meets four of the legal requirements.

The lawsuit begins when the attorney representing the plaintiff file a summons and complaint with the court. The case goes through a discovery period, where attorneys exchange information and take depositions.

Statute of Limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a certain period of time known as a statute of limitations. After this time families and victims could be denied financial compensation for injuries resulting from medical negligence.

A doctor or nurse who does not meet the standards of care is deemed to be in the wrong for medical malpractice. In many states, this standard includes working within the boundaries of their education and training, as well as experience. Obstetricians and medical professionals are held to even higher standards because of their unique training and special expertise.

Lawyers often seek proof of the standard of medical expertise from experts who can be witnesses on behalf of clients. Experts can examine case files and conduct depositions to prove allegations of negligence.

Expert witnesses are also able to distinguish between mistakes and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical provider could have made under the circumstances. However, the error caused harm. Malpractice is a more serious matter and requires an intentional act or omission that results in harm. Most birth injury lawyers apply both theories to ensure that victims get fair compensation.

A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians, to remedy careless actions that cause a child's medical problems. Families may also file a wrongful-death claim in cases where an extreme birth injury attorney injury results in a child's death.

Medical Records

If you or someone you know suffered an injury to their birth, filing claims can be a bit difficult. A medical legal professional, whether personal or medical, will assist you in gathering the necessary evidence and documentation to increase your chances of receiving the financial compensation due.

A successful birth injury lawyer injury claim depends on establishing four essential elements of medical negligence which are duty of care breach of duty, causation and damages. A skilled lawyer will work with your family in order to establish these elements using medical documents and other evidence such as expert testimony.

In a medical malpractice case the doctor is usually responsible for the actions they take during their duties. A hospital can be held vicariously responsible for the actions of its employees, provided they were acting within the scope of their job.

Depending on the nature of your child's injuries they could require medical or life-care treatments for the rest of their lives. This could lead to a great deal of costs, including hospitalization in addition to additional procedures and surgeries and medications, in-home caregivers equipment, as well as other services.

A birth injury lawsuit can take a long time to resolve. However, an experienced legal team can speed up the process by reviewing all evidence and giving it to you as soon as possible. The majority of birth injury lawyers offer free consultations for initial consultations, and they also have contingency fee agreements. This means that you won't be charged any attorney's charges during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness can provide important information to the jury and judge. The expert will review the case and determine which aspects are clinically significant. This allows the attorneys to more effectively focus their arguments and to discuss only the relevant aspects. The expert can also translate the scientific and medical terminology into a simple format for the jury.

To make a case successful, there are four parts to be proved: negligence, breach of duty, causation, and damages. To prove this, New York birth injury lawyers can make use of medical records and other evidence. They can identify as defendants any medical providers involved in the care or delivery of the child including the hospital or institution in which the delivery occurred. They may also have to name the mother and any other family members who were present during the delivery.

After the lawsuit is filed the parties will undergo a process of filing motions, hearings and discovery. This includes the exchange of medical records and other data between the two sides. The discovery period can take up to one year or more. During this period, the parties typically try to reach an agreement. If no settlement can be agreed upon, the case goes to trial. The trial could last for many years, however many cases settle faster.

Damages

The lawsuit process begins with creating a case for financial compensation. Your lawyer needs to have the necessary resources to create a strong case and get it all the way through trial, if needed. Your lawyer generally advances all costs associated with lawsuits and only gets paid fees for attorneys if they recover money for you.

The birth injury lawsuit process starts 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 providers become defendants. When a lawsuit is filed, a variety of steps are taken, including discovery. This is a stage during which the attorneys exchange documents and information, as well as taking depositions or sworn declarations from witnesses.

The most important element in a birth injury lawsuit is to establish the causality. You must show that a medical professional violated their obligation and that your child would not be injured if the doctor had not.

The process of proving damages is an additional element of a legal case for birth injury. Your lawyer will work with experts to determine the total extent of your losses, from medical bills and loss of income to the cost of care for your entire life and emotional stress. Your lawyer could also attempt to support your claim by submitting the results of other malpractice cases that involved similar injuries. Lastly the lawyer will be able to consider the current state of the law for your type of accident, including whether the noneconomic damage cap applies.