Four Parts of a Legal Claim

If a hospital or doctor causes a birth injury, the family affected should receive fair compensation to cover medical costs and to ensure the future of their child. Attorneys and experts collaborate to construct an action that fulfills four of the legal requirements.

The lawsuit starts with the filing of the summons and complaint with the lawyer representing the plaintiff. The case then goes through the discovery process, where 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 an established time frame, which is known as the statute of limitations. After this time, victims and families may lose their chance to receive financial compensation for losses resulting from medical malpractice.

A nurse or doctor who fails to meet standards of care is considered to be in the wrong for medical malpractice. In a number of states, the norm is to practice within the limitations of training, education and experience. Due to their unique qualifications, medical specialists like obstetricians are held to higher standards.

Lawyers often seek proof regarding the standard of medical treatment from experts who can be witnesses on behalf clients. The experts can review the case files and take depositions in support of allegations of negligence.

The expert witnesses can also identify between errors and malpractice. A mistake, for instance is a mistake that any competent and reasonably skilled medical professional could have made under the circumstances. However, the mistake resulted in harm. Medical malpractice, on the other however, is more dangerous and entails deliberate acts or omissions that results in harm. Most birth injury lawyers use both theories to ensure that victims get the right amount of compensation.

A family may sue a private entity like an obstetrician or a hospital, for negligence that causes medical issues for children. Families can also bring a wrongful-death claim when a severe birth defect results in the death of a child.

Medical Records

If you or someone you care about suffered birth injuries, submitting claims can be a bit difficult. A medical lawyer, or a personal injury attorney can assist you in gathering the necessary evidence and documentation to increase your chances of obtaining the financial compensation you are due.

A successful birth injury claim is based on establishing the four key elements of medical malpractice such as duty of care, breach of duty, causation and damages. A competent lawyer can assist your family in determine these elements based on medical documents and other evidence, including expert testimony.

In a medical malpractice case an individual physician is generally responsible for his or her actions in the scope of their job. A hospital can be held vicariously responsible for the negligent acts of its employees, as long as they were acting within the context of their employment.

Depending on your child's injury depending on the severity of the injury, they may require medical or life-care services for the rest of their lives. This could mean a lot of costs, including hospitalization or additional surgeries medication such as home care, medical equipment and other services.

The litigation process for cases involving birth injuries may take years to complete, however a knowledgeable legal team can expedite the process by thoroughly reviewing all the evidence and supplying it to you promptly. The majority of birth injury lawyers offer free initial consultations, as well as contingency fee arrangements, which means you do not pay any attorneys' fees during the time that the lawsuit is pending in the event that they are able to win compensation for you.

Expert Witnesses

The medical expert witness can provide important information to the jury and judge. The expert is able to examine the particular case and recognize what elements are crucial to the clinical process. This allows the lawyers to concentrate their arguments on the important and only focus on the pertinent issues. The expert can also translate medical and scientific terms into an easy format to understand for the jury.

To be successful, there must be four parts that must be proven: negligence breach of duty, causation and damages. New York birth injury attorneys can make use of medical records and other evidence to show this. They can identify as defendants any medical professional who were involved in the care and delivery of the child including the hospital or institution in which the birth occurred. They could also be required to identify the mother, or any other family member who was present at the birth.

After the lawsuit is filed the parties will need to go through the motions, hearings, and the discovery process. The exchange of medical records as well as other records is part of the discovery process. The discovery process can last up to a full year. In this time, the parties often attempt to negotiate a settlement. If a settlement cannot be agreed upon, the case goes to trial. This could last for a few years, though many cases settle faster.

Damages

The process of suing begins by building a case for financial compensation. Your lawyer must have the resources necessary to build an effective case and carry it all the way through trial, if needed. The lawyer you hire will typically advance all costs associated with litigation and will receive attorney's fees only if you recover money.

Your lawyer will prepare an Summons and Complaint in the county court where the incident happened. The hospitals, doctors and other medical professionals become defendants. Once the 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 and sworn statements from witnesses.

Causation is an essential element of a birth injury lawsuit. You must show that a medical professional did not fulfill their duty and that your child wouldn't be injured if the doctor had not.

Proving damages is another important aspect of a legal proceeding for birth injury. Your lawyer will consult with experts to determine your losses ranging from medical bills to lost income to ongoing care and emotional stress. Your attorney could also try to support your claim by providing the results of other malpractice cases that have similar injuries. Your lawyer will also be able to consider the current law for the type of injury you suffered, including whether the noneconomic damages cap is applicable.