Four Parts of a Legal Claim

When a doctor or hospital causes a birth trauma, the family that is affected deserves fair compensation to cover medical costs and provide for their child's future. Attorneys work with experts to develop an argument that is able to satisfy the four aspects of a legal claim.

The lawsuit starts with the filing of 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

Birth injury lawsuits must be filed within a specified time frame, referred to as the statute of limitations. After this time period expires, victims and their families could lose the opportunity to claim financial compensation from medical malpractice.

A doctor or nurse who fails to meet standards of care is believed to be in the wrong for medical malpractice. In many states, this includes practicing within the scope of their education and training, as well as experience. Medical specialists like obstetricians are held to even higher standards due to their special training and knowledge.

Lawyers frequently seek medical experts to testify for their clients about the standard of medical care. The experts may either look over the case file or conduct depositions of the key witnesses to provide evidence to support claims of negligence.

Expert witnesses can identify between errors and malpractice. A mistake, for example is a mistake that any competent and reasonably skilled medical professional could have committed in the circumstances. However, the mistake resulted in harm. Medical malpractice is a more serious issue and involves an intentional act or omission that results in harm. Most birth injury attorneys plead both theories to ensure that victims receive an adequate amount of compensation for their injuries.

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

Medical Records

If you or someone you care about suffered an injury during birth injury law firms, filing claims can be challenging. A medical malpractice and personal injury attorney can assist you with gathering the necessary documentation and evidence to improve your chances of winning the financial compensation that is owed.

A successful birth injury claim is based on establishing the four primary elements of medical malpractice: duty of care, breach of duty, causation, and damages. A skilled lawyer will work with your family to establish these elements by using medical documents and other evidence such as expert testimony.

In a medical malpractice case, a physician is generally accountable for their actions within the confines of their duties. A hospital could be held vicariously accountable for the wrongful actions of its employees, as long as they were acting within their scope of their employment.

Depending on the nature of your child's injuries, they may require medical and life-care services for the remainder of his or her life. This could mean a lot of expenses, including hospitalization or additional surgeries, medications, home care, equipment and other services.

The litigation process for cases involving birth injuries can take years to finish, however, a seasoned legal team can expedite the process by carefully examining all of the evidence and supplying it to you on time. A majority of birth injury lawyers provide free initial consultations, as well as contingency fee agreements, which means that you don't have to pay any attorneys' fees as the lawsuit continues until they receive compensation for you.

Expert Witnesses

The medical expert witness can be an invaluable source of information for judges and jury. The expert can analyze the particular situation and identify the elements that are important clinically. This allows the attorneys to more effectively focus their arguments and discuss only what is relevant. The expert is also able to translate medical and scientific terminology into an easy to understand format for jurors.

In order to establish the merits of a lawsuit, four things have to be proved: negligence breach, causation and damages. New York birth injury attorneys can use medical records as well as other evidence to demonstrate this. They can name as defendants all medical providers involved in the care or delivery of the child, including the hospital or the institution where the delivery took place. They may also have to identify the mother's name and any other family members present during the delivery.

Once the lawsuit has been filed, the parties will have to go through the motions, hearings and discovery procedures. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery process can last up to 1 year or more. In this time, the parties typically try to come to an agreement. If a settlement is not reached, the case will go to trial. The trial could last for many years, though many cases settle faster.

Damages

The process of suing involves constructing the case to pursue financial compensation. Your lawyer needs to have the resources required to build a strong case and get it all the way to trial, if necessary. Your lawyer generally advances all costs associated with lawsuits and only receives attorneys' fees if they get money back for you.

Your lawyer will file a Summons and Complaint in the county court in which the injury occurred. The doctors, hospitals and other medical providers become defendants. When a lawsuit is filed, a variety of steps occur including discovery. This is a stage during which the attorneys exchange documents and information, as well as taking depositions or sworn testimony from witnesses.

Causation is an essential element of a birth injury suit. You must show that a medical professional breached their duty and that your child wouldn't be hurt if they had not.

Proving damages is another important aspect of a legal proceeding for birth injuries. Your lawyer will talk to experts to determine the complete extent of your losses, from medical expenses and loss of income to the cost of care for your entire life and emotional distress. Your lawyer may also try to strengthen your claim by submitting evidence from other cases of malpractice that have similar injuries. Finally the lawyer will be able to consider the current state of the law for your specific injury, including whether the noneconomic damage cap is applicable.