Four Parts of a Legal Claim

If a hospital, doctor or any other entity results in a birth injury to children, the parents should receive fair compensation for medical expenses and future care. Attorneys work with experts to build an argument that is able to satisfy the four parts of the legal claim.

The lawsuit begins with the filing of a summons and complaint by the lawyer representing the plaintiff. The case then goes through a period of discovery, during which 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 time frame, which is known as the statute of limitations. When this window is over families and victims could lose their chance to receive financial compensation for the damages resulting from medical negligence.

A doctor or nurse who fails to meet requirements of medical care is considered to be accountable for medical malpractice. In many states, this means practicing within the scope 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 birth injury attorneys specialized knowledge.

Lawyers often seek evidence regarding the standard of medical care from experts who provide testimony on behalf of clients. Experts are able to review case files and conduct depositions to support claims of negligence.

Expert witnesses are also able to distinguish between errors and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical provider could have made in the circumstances. However, the error resulted in harm. Medical malpractice, on the other however, is more dangerous and entails a deliberate act or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims receive fair compensation for their injuries.

A family can bring a birth injury lawsuit against private parties, like hospitals or obstetricians for negligent actions that result in the child's medical conditions. Families can also file a wrongful-death claim in cases where a severe birth injury results in the death of a child.

Medical Records

It can be a challenge to start a claim when you or someone close to you suffers from a birth injury lawyer defect. A medical negligence or personal injury lawyer can assist you in obtaining the required documentation and evidence to increase your chances of receiving financial compensation you are due.

A successful claim for birth injury is contingent on establishing four crucial elements: duty of care; breach of this duty; causation, and damages. A knowledgeable lawyer will work with you and your family in order to establish these elements using medical documents and other evidence such as expert testimony.

In a case of medical malpractice an individual physician is generally accountable for their actions in the scope of their employment. A hospital could be held vicariously accountable for the negligence of its employees, provided they were acting within their scope of their work.

Depending on the severity of the injuries your child sustains, they may require medical and life-care services for the remainder of his or her life. This could mean a lot of expenses, such as hospitalization in addition to additional surgeries and procedures as well as medications for home care, equipment, and other services.

A lawsuit involving a birth injury can be a lengthy process to resolve. However, a skilled legal team can speed up the process by reviewing all evidence and present it to you as soon as it is possible. Most birth injury attorneys offer free initial consultations, and they also have contingency fee agreements. This means that you won't be charged any attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness is an invaluable source of information for judges and jury. This expert can review the case and determine which elements are clinically important. This allows the lawyers to concentrate their arguments on the important and only discuss pertinent questions. The expert can also translate medical and scientific terminology into a clear format for jurors.

To prove a successful lawsuit, four things must 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 all medical providers who were involved in the care of the child and the delivery including the hospital in which the delivery occurred. They may also need to identify the mother or any other family member who was present at the birth.

After the lawsuit is filed the parties will need to go through the motions, hearings, and discovery process. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery phase can last up to 1 year or more. During this time, the parties often attempt to settle the matter. If a settlement isn't reached the case will go to trial. The trial could last for many years, though most cases settle earlier.

Damages

The lawsuit process involves building an argument to seek financial compensation. Your lawyer must have the resources to create an effective case and be able to go through trial if needed. Your lawyer generally advances all litigation expenses and receives fees for attorneys only if you are able to recover funds.

Your lawyer will prepare an Summons and Complaint in the county court in which the injury occurred. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit is filed, a number of steps are carried out, including discovery. This is when attorneys exchange information, documents and take depositions from witnesses.

Causation is one of the key elements of a birth injury law firm injury lawsuit. You must prove that a medical professional did not fulfill their obligation and that your child would not be injured if the doctor had not.

Another important aspect of a legal action for birth injuries is the proof of damages. Your lawyer will consult experts to determine the total range of your losses from medical expenses and loss of income to ongoing care costs and emotional stress. Your lawyer could also seek to bolster your claim by providing the results of other malpractice cases that have similar injuries. Lastly the lawyer will be able to consider the current state of the law for your specific accident, including whether the noneconomic damage cap is applicable.