Four Parts of a Legal Claim

If a hospital, doctor or another party causes birth injuries to the child, the family must be compensated for medical expenses and any future support. Experts and attorneys work together to develop an action that fulfills four legal requirements.

The lawsuit starts when the plaintiff's attorney file a summons and complaint with the court. 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 certain time frame called the statute of limitations. After this time period expires, families and victims may lose the chance to obtain financial compensation from medical malpractice.

A doctor or nurse who does not meet the standards of care is believed to be guilty of medical malpractice. In many states, this includes working within the boundaries of their education and training, as well as experience. Medical specialists like obstetricians are held to even higher standards because of their unique training and specialized knowledge.

Lawyers often seek evidence of the standard of medical expertise from experts who can provide testimony on behalf of clients. Experts can review the case files or conduct depositions of witnesses to help support claims of negligence.

Expert witnesses can distinguish between mistakes and malpractice. For instance, a mistake is an error that a reasonably competent and skilled medical professional could have made in the situation, but the error resulted in harm. Malpractice is a much more grave issue, and is an intentional act or omission that results in harm. Most birth injury attorneys plead both theories to ensure victims receive fair compensation for their injuries.

A family may start a lawsuit for birth injuries against private parties, like hospitals or obstetricians for careless actions that cause children's medical issues. Families may also file a wrongful-death claim in the event that an injury to the birth canal is severe enough to result in a child's wrongful death.

Medical Records

If you or someone you care about suffered an injury to their birth, filing an action can be difficult. A medical legal professional, whether personal or medical, can help you gather the necessary documentation and evidence to increase your chances of receiving financial compensation owed.

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

In a case of medical malpractice, doctors are typically accountable for their actions during their job. A hospital may be held vicariously liable for the actions of its employees if they were acting within the confines of their work.

Depending on your child's injury depending on the severity of the injury, they may need medical and life-care service for the rest of their lives. This can mean a great deal of expenses, such as hospitalization in addition to additional surgeries and procedures as well as medications, home care, equipment, and other services.

The process of bringing cases involving birth injuries can take years to complete, however a knowledgeable legal team can speed up the process by carefully reviewing all evidence and providing 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 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. This expert can review the case and determine what aspects are crucial to the clinical. This allows lawyers to better concentrate their arguments and discuss only the relevant aspects. The expert can also translate medical and scientific terminology into an easy to understand format for jurors.

To be successful, there are four parts that must be proven: negligence breach of duty, causation and damages. New York birth injury attorneys can utilize medical records and other proof to demonstrate this. They can list as defendants any medical professional who were involved in the treatment of the child and the birth including the hospital in which the delivery occurred. They could also be required to identify the mother's name or any other family member who was present during the birth.

When the lawsuit is filed and the parties are able to undergo a process of filing motions, hearings, and discovery. The exchange of medical records along with other information is part of the discovery process. The discovery period can take up to one year or more. During this period, the parties often attempt to reach a settlement. If a settlement cannot be reached, the case will go to trial. This process could take several years, but most cases are settled in much less time.

Damages

The lawsuit process starts with making a case for financial compensation. Your lawyer needs the necessary resources to create an effective case and carry it all the way through trial, if needed. Your lawyer will generally advance all costs of litigation. They will also receive attorney's fees only if they recover money.

The birth injury lawsuit process starts with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. Hospitals, doctors and other providers of medical treatment become defendants. After the lawsuit is filed, a number of steps occur including discovery. This is where attorneys exchange information, provide evidence and obtain depositions from witnesses.

A key element in a birth injury lawsuit is proving causality. You must show that a medical professional violated their duty and that your child would not be hurt if they had not.

The process of proving damages is an additional aspect of a legal proceeding for birth injury. Your lawyer will consult experts to determine the total amount of your losses, from medical bills and loss of income to the cost of care for your entire life and emotional distress. Your lawyer might also try to prove your case by submitting other cases of malpractice that have similar injuries. Your lawyer will also consider the current law for your specific injury, and will determine whether the noneconomic damages cap is applicable.