Four Parts of a Legal Claim

If a hospital, doctor or another party results in a birth injury attorneys injury to the child, the family is entitled to fair compensation for medical expenses and future care. Attorneys work with experts to build an argument that is able to satisfy the four elements of a legal claim.

The lawsuit begins when the attorney representing the plaintiff files a summons and complaint with the court. The case then goes through a period of discovery, in which attorneys exchange information, which includes depositions.

Statute of limitations

Like all personal injury lawsuits that involve birth injuries, birth injury cases must be filed within a specific period of time known as a statute of limitations. After the time limit expires, victims and their families may lose the chance to recover financial compensation from medical negligence.

Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with the standard of care. In many states, this includes practicing within the scope of their education, training and experience. Due to their special training, birth injury attorneys medical specialists like obstetricians are held to higher standards.

Lawyers often request medical experts to testify for their clients about the standard of care. Experts may review the case file or conduct depositions of key witnesses to prove negligence claims.

Expert witnesses can also distinguish between errors and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical professional could have committed in the circumstances. However, the mistake resulted in harm. Malpractice, on the other hand, is more serious and involves the deliberate act or omission that causes harm. The majority of birth injury law firm injury attorneys argue both theories to ensure victims receive the right amount of compensation for their injuries.

A family may start a lawsuit for birth injuries against private parties, like hospitals or obstetricians, to remedy negligence that causes the child's medical conditions. Families can also file wrongful-death claims when the birth defect is severe enough to result in the death of the child.

Medical Records

If you or someone you love suffered birth injuries, submitting claims can be a bit difficult. A personal injury and medical malpractice attorney can help you gather the required documentation and evidence to improve your chances of winning financial settlement that you are due.

A successful birth injury claim depends on establishing four essential elements of medical malpractice that include duty of care, breach of obligation, causation, and damages. A knowledgeable lawyer can work with your family to establish these elements using medical documents and other evidence including expert testimony.

In a lawsuit for medical malpractice doctors are generally responsible for the actions they make in the course of their employment. A hospital can be held vicariously liable for the negligence of its employees if they were acting within the scope of their employment.

Based on the nature of your child's injuries they may require medical or life-care assistance for the rest of his or her life. This could result in a large amount of expenses, such as hospital stays, additional procedures and surgeries, medications, in-home carers equipment, and other services.

A birth injury lawsuit could take years to resolve. However, a knowledgeable legal team will expedite this process by reviewing all evidence and giving it to you as soon as possible. A majority of birth injury lawyers provide free initial consultations, and they also offer contingency fee agreements. This means that you will not be charged any attorney's fees during the litigation process unless you receive compensation.

Expert Witnesses

The medical expert witness can be a valuable source of information for judges and jury. This expert is able to look over the specific case and identify which aspects are important clinically. This allows the attorneys to better focus their arguments and discuss only the relevant aspects. The expert is also able to translate the scientific and medical terminology into an easy to understand format for jurors.

In order for a lawsuit to be successful, there must be four parts that must be proved: negligence breach of duty, causation, and damages. New York birth injury attorneys can utilize medical records and other evidence to prove this. They can list as defendants all medical professionals who were involved in the care of the child as well as the delivery, including the hospital where the birth took place. They might also be required to name the mother and any other family members who were present during the delivery.

After the lawsuit is filed after which the parties go through the process of filing motions, hearings, and discovery. The exchange of medical records as well as other records is part of the discovery process. The discovery phase can last up to 1 year or more. In this time, the parties will usually attempt to reach a settlement. If no settlement can be reached, the case will go to trial. The trial could last for many years, but many cases settle faster.

Damages

The process of filing a lawsuit involves creating an argument in order to seek financial compensation. Your lawyer must have the resources required to build an effective case and carry it to trial, if necessary. Your lawyer generally advances the entire cost of litigation and pay fees for attorneys only if they recover money.

The birth injury lawsuit process begins with your lawyer filing an Summons and Complaint with the court in the county where the incident occurred. Hospitals, doctors and other medical treatment become defendants. After the lawsuit has been filed, there are a number actions that occur. This is the time when attorneys exchange information, provide evidence and depose witnesses.

A crucial element in a birth injury lawsuit is showing causation. You must show that a medical professional violated their duty and that your child would not be injured if they did not.

The second major aspect of a birth injury legal case is proving damages. Your lawyer will consult experts to assess all of your losses - from medical bills to lost income, to lifelong care and emotional stress. Your lawyer can also try to prove your case by submitting the results of other malpractice cases that resulted in similar injuries. Your lawyer will also be able to consider the current laws applicable to your specific injury, and will determine whether the noneconomic damages cap applies.