Four Parts of a Legal Claim

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

The lawsuit begins when the plaintiff's lawyer submits a summons as well as a complaint with the court. The case goes through the discovery process, during which attorneys exchange information and take depositions.

Statute of Limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within an established window of time called the statute of limitations. When this time frame expires, the family and victims could lose the opportunity to claim financial compensation from medical malpractice.

A nurse or doctor who fails to adhere to the standards of care is deemed to be negligent in their medical practice. In a lot of states, the norm is to practice within their range of education, training, and experience. Due to their special training, medical specialists such as obstetricians also have higher standards.

Lawyers often require medical experts to testify for their clients regarding the quality of medical care. The experts can review the case files and take depositions in support of allegations of negligence.

The expert witnesses can also differentiate between malpractice and errors. A mistake, for example is a mistake that any competent and reasonably skilled medical professional could have made in the circumstances. However, the error caused harm. Malpractice, on the other side, is more severe and is an intentional act or omission that causes harm. Most birth injury lawyers apply both theories to ensure that victims receive an equitable amount of compensation.

A family may sue a private party, such as an obstetrician or hospital, for negligence that causes medical issues for a child. Families may also bring a wrongful-death claim when a severe birth defect results in the death of a child.

Medical Records

It can be difficult to file a claim if you or someone close to you has been affected by a birth defect. A medical malpractice and personal injury lawyer can help you gather the necessary documentation and evidence to improve your chances of winning the financial compensation you are owed.

A successful claim for birth injury relies on establishing four essential elements such as duty of care; breach of this duty; causation, and damages. A skilled lawyer will work with your family to establish these elements using medical documents and other evidence such as expert testimony.

In a case of medical malpractice doctors are generally accountable for the actions they perform during their work. However, a hospital may be held vicariously responsible for the negligent acts of its employees when they are acting within the course and nature of their work.

Based on the nature of your child's injuries they could require medical or life-care treatments for the rest of his or her life. This could lead to a great deal of expenses, such as hospital stays, additional procedures and surgeries and medications, in-home caregivers equipment, as well as other services.

The process of bringing cases involving birth injuries may take years to complete however, a skilled legal team can speed up the process by carefully scrutinizing all of the evidence and supplying it to you on time. Most birth injury attorneys offer free initial consultations and they also offer contingency fee agreements. This means that you won't be charged any attorney's fee during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness is an important source of information for judges and jury. The expert can analyze the case and determine what elements are clinically important. This allows lawyers to better focus their arguments and focus on the relevant aspects. The expert can also translate medical and scientific terminology into a simple format for jurors.

In order for a lawsuit to be successful, there must be four elements that must be proven: negligence, breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other proof to prove this. They can name as defendants all medical professionals who were involved in the care of the child as well as the birth, including the hospital where the delivery took place. They may also have to identify the mother or any other family member who was present at the birth injury lawsuits.

Once the lawsuit is filed the parties will proceed with filing motions, hearings, and discovery. The exchange of medical records in addition to other documents, is a part of the discovery process. The discovery phase can last up to an entire year or more. In this time, parties typically try to come to an agreement. If a settlement cannot be reached, the case is sent to trial. The trial can last for several years, though the majority of cases settle much earlier.

Damages

The process of a lawsuit involves the creation of an argument in order to seek financial compensation. Your lawyer should have the resources to create a strong case and be able to go through trial if needed. Your lawyer generally advances all litigation expenses and receives attorney's fees only if they recover money.

Your lawyer will file an Summons and Complaint in the county court where the incident happened. The doctors, hospitals and other medical professionals become defendants. Once the lawsuit is filed there are a variety of procedures that are followed. This is when attorneys share information, exhibits and depose witnesses.

A crucial element in a birth injury lawsuit is to establish causation. This means you have to demonstrate that the medical professional did not fulfill their obligation and if they hadn't, your child would not have suffered an injury.

Another important aspect of a birth injury legal action is proving damages. Your lawyer will consult with experts to assess all of your losses ranging from medical bills and loss of income, to lifelong care and emotional distress. Your lawyer may also try to support your claim by submitting evidence from other cases of malpractice that have similar injuries. Your lawyer will also look at the law applicable to your specific injury, and will determine whether the noneconomic damages cap is applicable.