Four Parts of a Legal Claim

If a hospital or doctor causes a birth injury, the affected family deserves an adequate amount of compensation to cover medical costs and provide for their child's future. Attorneys and experts work together to build a case which meets four of the legal requirements.

The lawsuit begins when the attorney representing the plaintiff is required to file a summons or complaint with the court. The case goes through the discovery process, in which attorneys exchange information, which includes depositions.

Statute of Limitations

Like every personal injury lawsuit, birth injury cases must be filed within a specified window of time called a statute of limitations. When this window is over families and victims may lose their chance to receive financial compensation for the damages resulting from medical malpractice.

A doctor or nurse who does not meet the standards of care is considered to be guilty of medical malpractice. In many states, this means practicing within the confines of their education, training and experience. Due to their unique qualifications, medical specialists like obstetricians are held to higher standards.

Lawyers often seek medical experts to testify on behalf of their clients about the quality of medical care. Experts are able to review cases and conduct depositions to support allegations of negligence.

Expert witnesses can distinguish between mistakes and malpractice. A mistake, for instance is an error that any competent and reasonably skilled medical provider could have committed in the circumstances. However, the error resulted in harm. Medical malpractice, on the other however, is more dangerous and involves deliberate acts or omissions that causes harm. The majority of birth injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries.

A family can sue a private company like an obstetrician's office or hospital for negligence that results in medical problems for a child. Families may also bring wrongful-death claims when an unforgiving birth defect results in the death of the child.

Medical Records

It can be difficult to submit a claim if or someone close to you is suffering from an illness that was born. A medical negligence or personal injury lawyer can assist you in gathering the required documentation and evidence to increase your chances of obtaining financial compensation owed.

A successful birth injury claim relies on establishing the four key elements of medical negligence that include duty of care, breach of this obligation, causation, and damages. A competent lawyer can collaborate with your family members to establish these elements based on medical documents and other evidence, including expert testimony.

In a medical negligence case an individual physician is generally responsible for his or her actions within the confines of their work. A hospital could be held vicariously accountable for the wrongful actions of its employees, as long as they were acting within their scope of their work.

Depending on the severity of your child's injuries they could require medical and life-care assistance for the rest of their lives. This can mean a great deal of expenses, including hospitalization as well as additional surgeries and procedures, medications for home care, equipment and other services.

The litigation process for cases involving birth injuries could take years to finish, however a knowledgeable legal team can speed up the process by carefully scrutinizing all of the evidence and then delivering it to you promptly. A majority of birth injury lawyers provide free initial consultations and contingent fee arrangements, which means you don't have to pay any attorney's fees during the time that the lawsuit is pending until they receive compensation for birth injury you.

Expert Witnesses

The medical expert witness gives important information to the jury and judge. The expert will review the case and determine which elements are crucial for clinical reasons. This helps attorneys better concentrate their arguments and to discuss only the relevant aspects. The expert can also translate scientific and medical terms into a format that is simple to understand for jurors.

To prove a successful lawsuit, four things have to be proven: negligence, breach, causation, and damages. New York birth injury attorneys can make use of medical records and other evidence to prove this. They can name as defendants any medical professionals involved in the care and birth of the child, including the hospital or institution in which the duryea birth injury law firm occurred. They may also need to identify the mother's name or any other family member who was present at the birth.

When 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 parties. The discovery process can take up to 1 year or more. In this time, the parties will usually attempt to reach a settlement. If a settlement isn't reached, birth injury the case is sent to trial. The trial could last for many years, however the majority of cases settle much earlier.

Damages

The lawsuit process involves building an argument to seek financial compensation. Your lawyer should have the resources required to build an effective case and carry it to trial, if necessary. Your lawyer generally advances all lawsuit expenses and only gets paid attorney's fees if they are able to recover funds for you.

Your lawyer will submit a Summons and Complaint in the county court where the accident occurred. The doctors, hospitals and other medical professionals become defendants. After the lawsuit is filed there are several actions that occur. This is a stage during which attorneys exchange information and evidence, including taking depositions or sworn declarations from witnesses.

A key element in a birth injury lawsuit is the ability to prove the causality. You must prove that a medical professional breached their duty and that your child would not be injured if they had not.

The other main aspect of a legal action for birth injuries is the proof of damages. Your lawyer will seek out experts to determine all of your losses, from medical bills and lost income to the cost of care for your entire life and emotional distress. Your lawyer could also seek to bolster your claim by providing the results of other malpractice cases that have similar injuries. In addition the lawyer will be able to consider the current state of laws applicable to your particular injury, such as whether the noneconomic damage cap is applicable.