Four Parts of a Legal Claim

If a doctor, hospital or another party results in a birth injury to children, the parents should receive fair compensation for medical expenses and future care. Experts and attorneys collaborate to create an action that fulfills four of the legal requirements.

The lawsuit begins with the filing of an order and complaint by the plaintiff's lawyer. The case goes through an initial period of discovery where attorneys exchange information, including depositions.

Statute of limitations

Birth injury lawsuits must be filed within a certain time frame called the statute of limitations. After the time limit expires, families and victims may not be able to receive financial compensation resulting from medical malpractice.

Medical malpractice refers to a physician or nurse who fails to act according to the standards of medical care. In many states, the norm is to practice within the range of education, training and experience. Due to their unique education, medical professionals such as obstetricians, for instance, have higher standards.

Lawyers often seek evidence of the standards of medical treatment from experts who be witnesses on behalf of clients. Experts are able to review case files and conduct depositions to support claims of negligence.

Expert witnesses are also able to distinguish between malpractice and mistakes. A mistake, for instance, is an error which any competent and reasonably skilled medical professional could have made under the circumstances. However, the mistake caused harm. Medical malpractice is a more serious issue and involves an intentional act or omission which causes harm. The majority of birth injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries.

A family can make a birth injury claim against private parties, such as hospitals or obstetricians for careless actions that cause children's medical issues. Families can also file a wrongful-death claim in the event that an extreme birth injury results in the death of a 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 lawyer, or a personal injury attorney can assist you in obtaining the necessary documentation and proof to increase your chances of obtaining financial compensation you are due.

A successful claim for birth injury lawyer injury depends on establishing four key elements that include duty of care; breach of this duty; causation, and damages. A competent lawyer can work with your family to establish these elements using medical records and other evidence including expert testimony.

In a case of medical malpractice the doctor is usually accountable for the actions they take during their duties. A hospital may be held vicariously accountable for the negligence of its employees, provided they were acting within the scope of their work.

Depending on your child's injury and the severity of the injury, your child may require medical or life-care throughout their lives. This can involve a lot of expenses, such as hospital stays or additional surgeries and medications such as home care, medical equipment and other services.

A birth injury lawsuit could take years to settle. However, an experienced legal team will expedite this process by reviewing all evidence and providing it to you as quickly as it is possible. Most birth injury lawyers offer free consultations for initial consultations as well as contingency fee arrangements, which means that you do not pay any attorneys' fees while the lawsuit is in process unless they win compensation for you.

Expert Witnesses

The medical expert witness can be an invaluable source of information for judges and jury. The expert can look over the specific situation and identify the elements that are important clinically. This allows lawyers to concentrate their arguments on what is important and only discuss relevant questions. The expert is also able to translate the scientific and medical terminology into an easy to understand format for jurors.

To be successful, there are four elements that must be proved: negligence, breach of duty, causation and damages. To prove this, New York birth injury lawyers can use the medical records and other evidence. They can identify as defendants all medical providers who were involved in the treatment and delivery of the child including the hospital or institution where the birth occurred. They may also need to identify the mother, or any other family member who was present at the birth.

After the lawsuit has been filed the parties will need to go through the motions, hearings and discovery process. The exchange of medical records in addition to other documents, is a part of the discovery process. The discovery process can last up to one year or more. During this time, the parties often attempt to negotiate a settlement. If no settlement is reached the case will proceed to trial. This process could take several years, however many cases are settled in much less time.

Damages

The process of suing involves constructing a case to seek financial compensation. Your lawyer must have the resources to construct a strong case, and then go through trial if necessary. The lawyer typically covers all court costs and only receives attorneys' fees if they recover money for you.

Your lawyer will submit a Summons and Complaint in the county court where the incident happened. Doctors, hospitals and other providers of medical treatment become defendants. Once the lawsuit is filed there are several steps that take place. This is the stage where attorneys exchange information, documents and also take depositions of witnesses.

A crucial element in a birth injury lawsuit is proving the causality. This means you have to demonstrate that the medical professional acted in breach of their duty and if they didn't, your child would not have suffered an injury.

Proving damages is another important aspect of a lawsuit for birth injuries. Your lawyer will work with experts to determine the total extent of your losses, from medical bills and income loss to lifetime care costs and emotional stress. Your lawyer may also try to bolster your claim by submitting the results of other malpractice cases involving similar injuries. In addition, your lawyer will consider the current status of the law applicable to your particular injury, for instance, whether the noneconomic damage cap applies.