Four Parts of a Legal Claim

When a doctor, hospital or another party causes birth injuries to children, the parents should receive fair compensation for medical expenses and future support. Attorneys and experts work together to build a case that meets four of the legal requirements.

The lawsuit starts by filing an accusation and summons by the plaintiff's lawyer. The case will then go through an initial period of discovery where attorneys exchange information, which includes depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specified window of time called a statute of limitation. If this window runs out families and victims may lose their chance to receive financial compensation for the damages resulting from medical malpractice.

A doctor or nurse who fails to adhere to the standards of care is deemed to be in the wrong for medical malpractice. In many states, this includes working within the boundaries of their education and training, as well as experience. Due to their unique education, medical professionals like obstetricians are held to higher standards.

Lawyers often seek evidence regarding the standard of medical care from experts who testify on behalf of clients. Experts can review case files and conduct depositions in support of allegations of negligence.

The expert witnesses can also identify between errors and malpractice. A mistake, for example is an error that any competent and reasonably skilled medical professional could have made under the circumstances. However, the error resulted in harm. Malpractice is a much more grave issue, and is a deliberate action or omission causing harm. Most birth injury attorneys plead both theories to ensure victims receive the right amount of compensation for their injuries.

A family may start a lawsuit for birth injuries against private parties, like hospitals or obstetricians, for negligence that causes children's medical issues. Families may also file a wrongful-death claim in the event that an extreme birth injury 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 malpractice and personal injury attorney can help you gather the required documentation and evidence to increase your chances of receiving the financial compensation you are owed.

A successful claim for birth injuries is based on the establishing of four key elements that include duty of care; breach of this duty; causation, and damages. A knowledgeable lawyer will work with your family to establish these elements utilizing medical documents and other evidence such as expert testimony.

In a case of medical malpractice, a physician is generally responsible for his or her actions within the scope of their employment. A hospital can be held vicariously responsible for the negligence of its employees, provided they were acting within the confines of their work.

Depending on the nature of your child's injuries, they may require medical and life-care services for the rest of their lives. This could lead to a great deal of costs, including hospital stays or additional procedures and surgeries as well as medications, caregivers at home equipment, as well as other services.

The process of bringing cases involving birth injuries can take a long time to complete, however, a skilled legal team can expedite the process by carefully reviewing all evidence and providing it to you in a timely manner. Most birth injury attorneys offer free initial consultations, and they also offer contingency fee agreements. This means that you won't be charged attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness provides crucial information to the judge and jury. The expert will review the case and determine what elements are crucial for clinical reasons. This allows lawyers to focus their arguments on what is important and only talk about pertinent issues. The expert is also able to translate medical and scientific terminology into a clear format for jurors.

To establish a case for a successful lawsuit, four elements must be proved: negligence breach, causation and damages. New York birth injury attorneys can utilize medical records and other evidence to show this. They can also identify as defendants any medical providers who were involved in the care and delivery of the child, including the hospital or establishment where the birth occurred. They may also be required to identify the mother or any other family member who was present at the birth.

After the lawsuit has been filed the parties will go through the process of filing motions, hearings, and discovery. This includes the exchange of medical records and other documents between the two parties. The discovery period can last for up to a whole year. During this time, the parties usually try to reach an agreement. If a settlement is not reached the case will be sent to trial. This can last for several years, however many cases settle faster.

Damages

The process of filing a lawsuit involves creating the case to pursue financial compensation. Your lawyer should have the resources to create a strong case and have the ability to go to trial if required. Your lawyer generally advances the entire cost of a lawsuit and only gets paid attorney's fees if they can recover money for you.

The birth injury lawsuit process begins with your lawyer filing the Summons and Complaint with the court in the county where the injury occurred. Hospitals, doctors and other medical services become defendants. Once the lawsuit has been filed, a variety of steps are taken, including discovery. This is where attorneys share information, exhibits and obtain depositions from witnesses.

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

The other main aspect of a birth injury legal case is the proof of damages. Your lawyer will work with experts to determine the complete range of your losses, from medical expenses and loss of income to ongoing care costs and emotional anxiety. Your lawyer may also try to support your claim by submitting the results of other malpractice cases that have similar injuries. Your lawyer will also consider the current law for the type of injury you suffered, including whether the noneconomic damages cap applies.