Four Parts of a Legal Claim

If a hospital or doctor causes a birth trauma, the family affected should receive an adequate amount of compensation to cover medical costs and provide for their child's future. Attorneys work with experts to develop an action plan that fulfills the four elements of the legal claim.

The lawsuit begins with the filing of an accusation and summons by the lawyer representing the plaintiff. The case goes through a discovery phase, during which attorneys exchange information and take depositions.

Statute of Limitations

Birth injury lawsuits must be filed in a specified time frame, referred to as the statute of limitations. When this time frame expires, families and victims may lose the chance to claim financial compensation from medical malpractice.

Medical malpractice refers to a doctor or nurse failing to perform in accordance with the standards of care. In many states, the norm is to practice within their scope of education, training and experience. Obstetricians and medical professionals are held to even higher standards due to their unique training and knowledge.

Lawyers often require medical experts to testify on behalf of their clients regarding the quality of care. Experts may review the case files or conduct depositions of key witnesses in order to assist in proving negligence claims.

Expert witnesses are also able to distinguish between malpractice and mistakes. For example mistakes are an error that any competent and skilled medical professional could have made in the circumstances, but the error resulted in harm. Medical malpractice is a more serious matter and requires a deliberate action or omission which causes harm. Most birth injury attorneys plead both theories to ensure that victims receive an adequate amount of compensation for their injuries.

A family can sue a private company, such as an obstetrician, hospital or even a hospital for negligence that causes medical issues for children. Families may also file a wrongful-death claim if a severe birth injury results in a child's wrongful death.

Medical Records

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

A successful birth injury case relies on establishing the four key elements of medical malpractice which are duty of care breach of duty, causation, and damages. A competent lawyer will work with you and your family to establish these elements utilizing medical records and other evidence like expert testimony.

In a lawsuit for medical malpractice, a doctor is generally accountable for the actions they make during their work. A hospital may be held vicariously liable for the actions of its employees, as long as they were acting within the scope of their employment.

If your child is injured, he or she may require medical and life-care assistance for the rest of their lives. This can mean a great deal of expenses, including hospital stays, additional surgeries and procedures and medications for home care, equipment and other services.

A birth injury lawsuit could take years to resolve. However, a knowledgeable legal team will speed up the process by reviewing all evidence and providing it to you as soon as it 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 you are awarded compensation.

Expert Witnesses

The medical expert witness is an invaluable source of information to the judge and jury. The expert can analyze the case and determine what elements are clinically important. This allows lawyers to focus their arguments on what is important and only discuss relevant issues. The expert can also translate medical and birth injury attorneys scientific terms into an format that is easy to understand for the jury.

In order for a lawsuit to be successful, there are four elements that must be proved: negligence breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other evidence to show this. They can name as defendants all medical practitioners who were involved in the care of the child as well as the delivery including the hospital in which the delivery took place. They may also have to identify the mother's name or any other family member who was present during the birth.

After the lawsuit is filed, the parties will have to go through the motions, hearings, and the discovery process. This includes the exchange of medical records as well as other information between the two parties. The discovery process can take up to an entire year or more. In this time, parties often try to come to an agreement. If a settlement is not reached, the case is sent to trial. The trial could last for many years, although many cases settle much sooner.

Damages

The process of a lawsuit involves the creation of a case to seek financial compensation. Your lawyer must have the resources necessary to build a solid case and take it all the way through trial, if needed. Your lawyer typically advances all costs associated with lawsuits and only gets paid attorneys' fees if they can recover money for you.

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

The most important aspect of a birth injury lawsuit is proving the causality. This means that you must prove that the medical professional acted in breach of their obligation and if they hadn't then your child wouldn't have suffered an injury.

The process of proving damages is an additional element of a legal case for birth injury. Your lawyer will work with experts to determine your losses - from medical expenses and lost income to lifetime care and emotional stress. Your lawyer may also try to bolster your claim by providing the results of other malpractice cases involving similar injuries. Additionally your lawyer will look at the current state of the laws applicable to your particular accident, including whether the noneconomic damage cap is applicable.