Four Parts of a Legal Claim

If a hospital, doctor or any other person results in a birth injury to an infant, the family should receive fair compensation for medical expenses as well as future support. Attorneys work with experts to construct an argument that is able to satisfy the four aspects of the legal claim.

The lawsuit starts with the filing of the summons and complaint with the plaintiff's lawyer. The case is then subject to an investigation phase, where attorneys exchange information, which includes depositions.

Statute of limitations

Like all personal injury lawsuits that involve birth injuries, birth injury cases must be filed within a certain window of time called a statute of limitations. If this window runs out the family members and victims could lose their chance to receive financial compensation for the damages resulting from medical malpractice.

Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with standards of care. In many states, this includes practicing within the scope of their education and training, as well as experience. Obstetricians and medical professionals are held to higher standards due to their special training and knowledge.

Lawyers often seek medical experts to testify on behalf of their clients regarding the quality of medical care. Experts can review the case records or take depositions of key witnesses in order to assist in proving negligence claims.

Expert witnesses are also able to distinguish between malpractice and errors. A mistake, for example is an error that any competent and reasonably skilled medical provider could have committed in the circumstances. However, the mistake resulted in harm. The issue of malpractice is more grave issue, and is a deliberate action or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims receive fair compensation for their injuries.

A family may make a birth injury claim against private parties, such as hospitals or obstetricians, to remedy negligence that leads to the child's medical conditions. Families may also file wrongful-death claims when the birth defect is severe enough to result in the death of a child.

Medical Records

It can be a challenge to start a claim when you or someone you know is suffering from a birth defect. A medical lawyer, or a personal injury attorney can assist you in gathering the required documentation and evidence to increase your chances of obtaining the financial compensation owed.

A successful birth injury claim is based on establishing four essential elements of medical malpractice which are duty of care breach of this obligation, causation, and damages. A competent lawyer can work with your family to identify these elements on the basis of medical records and other evidence, including expert testimony.

In a lawsuit for medical malpractice doctors are generally accountable for the actions they take during their duties. A hospital could be held vicariously accountable for the negligent acts of its employees, provided they were acting within the scope of their duties.

Depending on your child's injury that they sustained, they could need medical and life-care service for the rest of their lives. This could mean a lot of expenses, such as hospital stays, additional surgeries and procedures medication and home care, as well as equipment, and other services.

A lawsuit involving a birth injury can take many years to resolve. However, a skilled legal team will expedite this process by examining all evidence and present it to you as soon as is possible. Most birth injury attorneys offer free initial consultations, and they also have contingency fee agreements. This means that you won't be charged any attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness can be an important source of information for the judge and jury. The expert will review the case and determine which aspects are clinically significant. This allows lawyers to concentrate their arguments and only discuss the relevant aspects. The expert is also able to translate medical and scientific terminology into an easy to understand format for jurors.

To make a case successful, there must be four parts to be proven: negligence breach of duty, causation, and damages. New York birth injury attorneys can utilize medical records and other proof to prove this. They can identify as defendants all medical providers who were involved in the care of the child as well as the birth including the hospital in which the delivery occurred. They may also need to name the mother and any other family members who were present during the birth.

When the lawsuit is filed and the parties are able to 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 process can last up to an entire year or more. In this time, parties often attempt to reach an agreement. If a settlement cannot be reached, the case will go to trial. The trial could last for many years, but most cases settle earlier.

Damages

The lawsuit process involves building an argument in order to seek financial compensation. Your lawyer must have the resources to build a solid case and go through trial if necessary. Your lawyer will generally advance the entire cost of litigation and pay attorneys' fees only if they recover money.

The birth injury lawsuit process starts with your lawyer filing a Summons and Complaint with the court in the county where the injury occurred. The doctors, hospitals and other medical professionals become defendants. Once the lawsuit is filed, there are a number actions that occur. This is an event during which the attorneys exchange documents and information, as well as taking depositions and sworn statements from witnesses.

Causation is an essential element of a birth injury lawsuit. You must prove that a medical professional violated their duty and that your child would not be hurt if they had not.

The other major aspect of a birth injury legal action is the proof of damages. Your lawyer will talk to experts to determine the full range of your losses from medical bills and loss of income to life-long care costs and emotional distress. Your lawyer could also seek to bolster your claim by submitting the results of other malpractice cases that have similar injuries. Additionally, your lawyer will consider the current status of the law for your specific injury, for instance, whether the noneconomic damage cap applies.