Four Parts of a Legal Claim

If a hospital or doctor causes a birth injury, the affected family deserves fair compensation to pay for medical expenses and provide for their child's future. Attorneys work with experts to construct an appeal that meets the four aspects of the legal claim.

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

Statute of Limitations

Birth injury lawsuits must be filed within a specific time period, known as the statute of limitations. After this time period expires, the family and victims may lose the chance to recover financial compensation from medical negligence.

A doctor or nurse who fails to adhere to the standards of care is deemed to be negligent in their medical practice. In many states, this includes performing within the limits of their education and training, as well as experience. Obstetricians and medical professionals are held to higher standards due to their special training and expertise.

Lawyers often seek proof of the quality of medical expertise from experts who be witnesses on behalf of clients. Experts can examine dossiers of the case and take depositions to prove claims of negligence.

Expert witnesses are able to identify between errors and malpractice. A mistake, for instance, is an error which any competent and reasonably skilled medical professional could have made under the circumstances. However, the error resulted in harm. Malpractice is a more serious matter and requires an intentional act or omission that results in harm. Most birth injury attorneys plead both theories to ensure victims receive the right amount of compensation for their injuries.

A family may sue a private party for example, an obstetrician's office or hospital for negligence that causes medical issues for a child. Families can also bring an action for wrongful death when the severe birth defect results in the death of a child.

Medical Records

It can be a challenge to start a claim when you or someone close to you is suffering from an illness that was born. A personal injury and medical malpractice attorney can help you gather the evidence and documentation required to improve your chances of winning financial compensation due.

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

In a case of medical malpractice in general, a doctor is responsible for his or her actions in the scope of their work. However, a hospital may also be held vicariously liable for the negligent actions of its employees if they are acting within the context and extent of their duties.

Based on the severity of your child's injury, he or she may require medical or life-care throughout their lives. This can mean a great deal of expenses, including hospitalization, additional surgeries and procedures, medications, home care, equipment, and other services.

The process of bringing cases involving birth injuries may take years to finish, however, a skilled legal team can speed up the process by thoroughly reviewing all evidence and delivering it to you on time. Most birth injury attorneys offer free initial consultations and they also offer contingency fee agreements. This means that you will not be charged any attorney's fee during the litigation process unless you receive compensation.

Expert Witnesses

The medical expert witness provides crucial information to the jury and judge. This expert is able to review the specific case and determine which elements are significant clinically. This allows the lawyers to concentrate their arguments on what is crucial and only talk about relevant issues. The expert can also translate the scientific and medical terminology into an easy to understand format for jurors.

In order for a lawsuit to be successful, there are 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 name as defendants all medical professionals who were involved in the care of the child and the birth including the hospital in which the delivery occurred. They may also need to identify the mother or any other family member who was present during the birth.

After the lawsuit is filed after the lawsuit has been filed, the parties will have to go through the motions, hearings and discovery procedures. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery process can be as long as a full year. During this period, the parties typically try to reach an agreement. If a settlement cannot be reached the case will be sent to trial. This process can take several years, but a lot of cases are settled much faster.

Damages

The lawsuit process starts with creating a case for financial compensation. Your lawyer should be able to construct a strong case and be able to go through trial if needed. Your lawyer generally advances all lawsuit expenses and only receives attorneys' fees if they can recover money for you.

Your lawyer will submit a Summons and Complaint in the county court where the incident happened. The hospitals, doctors and other medical professionals become defendants. After the lawsuit has been filed there are several steps that must be taken. This is a step during which attorneys exchange information and evidence, such as taking depositions or sworn testimony from witnesses.

Causation is an essential element of a birth injury lawsuit. This means you have to prove that the medical professional breached their duty and if they hadn't then your child wouldn't have suffered an injury.

The proof of damages is a crucial aspect of a lawsuit for birth injury. Your lawyer will consult with experts to determine the totality of your losses - from medical bills and loss of income to lifetime care and emotional distress. Your lawyer can also try to increase the value of your claim by submitting other cases of malpractice that have similar injuries. In addition your lawyer will take into consideration the current state of law for your type of accident, including whether the noneconomic damage cap applies.