Four Parts of a Legal Claim

When a doctor, hospital or any other entity causes birth injuries to an infant, the family should receive fair compensation for medical expenses and future support. Attorneys and experts collaborate to construct a case which meets four of the legal requirements.

The lawsuit begins by filing an order and complaint by the plaintiff's lawyer. The case then goes through the discovery process, 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 specific window of time called a statute of limitation. After this time, victims and families may lose their chance to receive financial compensation for the damages resulting from medical malpractice.

Medical malpractice refers to a doctor or nurse who fails to act according to the standards of care. In a lot of states, the norm is to practice within their scope 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 on behalf of their clients about the standard of care. The experts can either review the case files or take depositions of the key witnesses to help support claims of negligence.

Expert witnesses are also able to distinguish between mistakes and malpractice. For example, a mistake is an error that any reasonably skilled and competent medical provider could have made under the circumstances, but the error caused harm. The issue of malpractice is more serious issue and involves a deliberate action or omission that results in harm. Most birth injury lawyers will argue both theories to ensure that victims receive fair compensation for their injuries.

A family may start a lawsuit for birth injuries against private parties, like obstetricians or hospitals, for careless actions that cause the child's medical conditions. Families can also file a wrongful death claim if severe birth injuries result in a child's untimely death.

Medical Records

If you or someone you know suffered birth injuries, submitting an action can be difficult. A personal injury and medical malpractice lawyer can help you gather the required documentation and evidence to increase your chances of winning financial compensation due.

A successful birth injury claim depends on establishing the four main elements of medical negligence: duty of care, breach of obligation, causation, and damages. A competent lawyer can work with your family to determine these elements based on medical documents and other evidence including expert testimony.

In a medical negligence case in general, a doctor is accountable for his or her actions within the context of their employment. A hospital could be held vicariously liable for the negligent acts of its employees, as long as they were acting within their scope of their job.

Depending on the nature of the injuries your child sustains, they could require medical or life-care services for the rest of their lives. This can result in a large amount of costs, including hospital stays as well as additional surgeries and procedures, medications, home care, equipment and other services.

The process of bringing cases involving birth injuries can take a long time to complete, however a knowledgeable legal team can speed up the process by thoroughly reviewing all the evidence and delivering it to you quickly. Many birth injury attorneys injury lawyers provide free initial consultations and contingent fee arrangements, which means that you will not have to pay any attorney's fees during the time that the lawsuit is pending unless they win compensation for you.

Expert Witnesses

The medical expert witness provides crucial information to the judge and jury. The expert can analyze the case and determine which aspects are clinically significant. This allows lawyers to concentrate their arguments on what is important and only talk about pertinent issues. The expert is also able to translate the scientific and medical terminology into an easy to understand format for jurors.

To establish a case for a successful lawsuit, four things have to be proven: negligence, breach, causation and damages. To prove this, New York birth injury lawyers can rely on medical records as well as other evidence. They can name as defendants any medical professional who were involved in the care of the child and the birth, including the hospital where the delivery took place. They might also be required to identify the mother as well as any other family members present during the delivery.

When the lawsuit is filed and the parties are able to undergo a process of filing motions, hearings, and discovery. This involves the exchange of medical records and other data between the two parties. The discovery phase can last for a period of up to a year. During this time, the parties often try to reach an agreement. If a settlement is not reached, the case is sent to trial. This can take a few years, but most cases are settled much faster.

Damages

The process of suing begins by creating a case for financial compensation. Your lawyer needs the resources required to build an effective case and carry it all the way through trial, if needed. Your lawyer generally advances the entire cost of litigation and pay attorney's fees only if you recover money.

The process of bringing a lawsuit for birth injuries begins with your lawyer filing the Summons and Complaint with the court in the county where the incident occurred. The doctors, hospitals and other medical facilities become defendants. Once the lawsuit has been filed there are a variety of procedures that are followed. This is the stage where attorneys exchange information, provide evidence and also take depositions of witnesses.

Causation is one of the key elements of a birth injury suit. You must prove that a medical professional did not fulfill their duty and that your child would not be hurt if they had not.

The other main aspect of a legal action for birth injuries is proving damages. Your lawyer will talk to experts to determine the full range of your losses from medical bills and loss of income to life-long care costs and emotional anxiety. Your lawyer can also try to support your claim by submitting other malpractice cases that involved similar injuries. Your lawyer will also consider the current law for the type of injury you suffered, including whether the noneconomic damages cap applies.