Four Parts of a Legal Claim

If a doctor, hospital or another party results in a birth injury to a child, the family deserves fair compensation for medical expenses and any future support. Attorneys work with experts to build a case that satisfies four elements 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 is subject to the discovery process, during which attorneys exchange information and conduct depositions.

Statute of limitations

Birth injury lawsuits must be filed in a certain time frame called the statute of limitations. After the time limit expires, both the victim's family and their loved ones may not be able to recover financial compensation from medical negligence.

A doctor or nurse who fails to meet the standards of care is deemed to be guilty of medical malpractice. In many states, this includes working within the boundaries of their education, training and experience. Due to their unique education, medical professionals such as obstetricians also have higher standards.

Lawyers often seek medical experts to testify on behalf of their clients regarding the quality of care. Experts may review the case files or take depositions of witnesses to prove negligence claims.

Expert witnesses are also able to distinguish between malpractice and mistakes. For example mistakes are an error that a reasonably skilled and competent medical provider could have made under the circumstances, however the error resulted in harm. Malpractice is a much more serious matter and requires an intentional act or omission that results in harm. The majority of birth injury attorneys argue both theories to ensure victims receive the right amount of compensation for their injuries.

A family may bring a birth injury lawsuit against private parties, such as hospitals or obstetricians, for careless actions that cause the child's medical conditions. Families can also file an action for wrongful death when the birth defect is severe enough to result in the death of the child.

Medical Records

If you or someone you love has suffered a birth injury, filing a claim can be complicated. A medical lawyer, or a personal injury attorney can assist you in obtaining the necessary evidence and documentation to increase your chances of receiving the financial compensation you are due.

A successful birth injury claim relies on establishing the four key elements of medical negligence that include duty of care, breach of this duty, causation and damages. A skilled lawyer will work with your family to determine these elements based on medical documents and birth injury law firms other evidence, including expert testimony.

In a medical malpractice case the doctor is usually responsible for the actions they make during their job. A hospital can be held vicariously accountable for the wrongful actions of its employees, if they were acting within their scope of their employment.

Depending on the nature of your child's injuries they may require medical and life-care services for the rest of his or her life. This can result in a large amount of expenses, such as hospital stays, additional surgeries and procedures, medications such as home care, medical equipment, and other services.

A lawsuit for birth injuries can take years to settle. However, an experienced legal team can speed up the process by reviewing all evidence and present it to you as quickly as is possible. The majority of birth injury lawyers offer free initial consultations and contingency fee agreements, which means that you don't have to pay any attorneys' fees while the lawsuit is in process unless they win compensation for you.

Expert Witnesses

The medical expert witness is an invaluable source of information for judges and jury. The expert will review the case and determine which elements are crucial for clinical reasons. This allows the lawyers to concentrate their arguments on what is important and only discuss relevant issues. Experts can also translate medical and scientific terms into an format that is easy to understand for the jury.

To prove a successful lawsuit, four elements must be proved: negligence, breach, causation and damages. To prove this, New York birth injury lawyers can use the medical records and birth injury law firms other evidence. They can identify as defendants all medical professionals who were involved in the care of the child and the delivery including the hospital in which the delivery took place. They could also be required to name the mother or any other family member who was present during the birth.

After the lawsuit has been filed, the parties will undergo a process of filing motions, hearings, and discovery. The exchange of medical records, among other things, is part of the discovery process. The discovery process can last for a period of up to a year. During this time, the parties usually try to settle the matter. If a settlement isn't reached the case will be sent to trial. This can last for several years, though many cases settle faster.

Damages

The process of suing begins by building a case for financial compensation. Your lawyer should have the resources to build a strong case and have the ability to go to trial if required. Your lawyer usually covers all costs associated with lawsuits and only gets paid attorneys' fees if they can recover money for you.

The birth injury law firms injury lawsuit process starts with your lawyer filing the Summons and Complaint with the court in the county where the incident occurred. Hospitals, doctors and other providers of medical care become defendants. Once the lawsuit has been filed, there are a number procedures that are followed. This is a step during which the attorneys exchange information and evidence, which includes taking depositions and sworn statements from witnesses.

The most important element in a birth injury lawsuit is proving causality. This means you have to prove that the medical professional breached their duty, and if they hadn't, your child would not have suffered an injury.

The proof of damages is a crucial element of a legal case for birth injury. Your lawyer will consult experts to determine your losses, from medical expenses and lost income to ongoing care and emotional stress. Your attorney may also seek to support your claim by providing the results of other malpractice cases involving similar injuries. Your lawyer will also take into consideration the current laws applicable to your particular injury, such as whether the noneconomic damages cap is applicable.