Four Parts of a Legal Claim

If a hospital, doctor or other party creates a birth injury for the child, the family must be compensated for medical expenses as well as future support. Experts and attorneys work together to develop a case that meets four legal requirements.

The lawsuit begins when the plaintiff's lawyer file a summons and complaint with the court. The case is then subject to the discovery process, in which attorneys exchange information, including depositions.

Statute of Limitations

Birth injury lawsuits must be filed in a certain time frame called the statute of limitations. After the time limit expires, the family and victims may lose the chance to obtain financial compensation from medical malpractice.

A nurse or doctor who does not meet the standards of care is considered to be guilty of medical malpractice. In many states, this standard includes practicing within the scope of their education, training and experience. Because of their special qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often request medical experts to testify on behalf of their clients regarding the quality of medical care. Experts may review the case files or take depositions of witnesses to help support claims of negligence.

Expert witnesses can also distinguish between mistakes and malpractice. For example, a mistake is an error that a reasonably skilled and birth injury lawyers competent medical provider could have made under the circumstances, however the error caused harm. Medical malpractice, on the other the other hand, is more serious and entails a deliberate act or omission that causes harm. The majority of birth injury attorneys argue both theories to ensure that victims receive an adequate amount of compensation for their injuries.

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

Medical Records

It can be a challenge to make a claim if you or someone you know has suffered a birth defect. A personal injury and medical malpractice attorney can help you gather the necessary evidence and documentation to increase your chances of obtaining the financial compensation due.

A successful claim for birth injury is based on the establishing of four key elements: duty of care; breach of this duty; causation and damages. A competent lawyer can assist your family in determine these elements based on medical documents and other evidence, including expert testimony.

In a medical negligence case an individual physician is generally accountable for his or her actions within the context of their employment. However, a hospital can also be held vicariously responsible for the negligent actions of its employees when they are acting within the course and scope of their employment.

Based on the severity of your child's injury, he or she may require medical or life-care throughout their lives. This could lead to a great deal of expenses, such as hospital stays in addition to additional procedures and surgeries as well as medications, caregivers at home equipment, as well as other services.

A birth injury lawyers injury lawsuit could take years to resolve. However, a skilled legal team can speed up the process by reviewing all evidence and present it to you as quickly as it is possible. Most birth injury lawyers offer free initial consultations and contingency fee arrangements, which means you do not pay any attorneys' fees as the lawsuit continues unless they win compensation for you.

Expert Witnesses

The medical expert witness can be an important source of information for judges and jury. The expert will analyze the case and determine what elements are clinically important. This allows the lawyers to concentrate their arguments on what is crucial and only discuss relevant questions. The expert can also translate scientific and medical terms into a format that is simple to understand for jurors.

For a lawsuit to be successful, there are four parts that must be proved: negligence breach of duty, causation, and damages. New York birth injury attorneys can make use of medical records and other evidence to demonstrate this. They can also identify as defendants any medical providers who were involved in the care and birth of the child, including the hospital or establishment where the delivery occurred. They may also have to identify the mother's name and any other family members present during the delivery.

After the lawsuit has been filed the parties will go through the process of filing motions, hearings, and discovery. The exchange of medical records along with other information is part of the discovery process. The discovery process can last up to a year or more. In this time, the parties often try to reach an agreement. If a settlement isn't reached the case will go to trial. The trial can last for several years, although most cases settle earlier.

Damages

The lawsuit process involves building an argument in order to seek financial compensation. Your lawyer should have the resources to build a strong case and go through trial if necessary. Your lawyer will generally advance the entire cost of litigation and pay fees for attorneys only if you are able to recover funds.

Your lawyer will submit an Summons and Complaint in the county court where the injury occurred. Doctors, hospitals and other providers of medical treatment become defendants. After the lawsuit is filed there are a variety of procedures that are followed. This is a step during which the attorneys exchange information and evidence, including taking depositions or sworn testimony from witnesses.

Causation is an essential element of a birth injury lawyer injury suit. This means you have to show that the medical professional did not fulfill their duty and, if they had not, your child would not have suffered an injury.

The second major aspect of a birth injury legal case is the proof of damages. Your lawyer will consult with experts to determine the full amount of your losses, from medical bills and income loss to ongoing care costs and emotional distress. Your lawyer might also try to increase the value of your claim by submitting evidence from other malpractice cases that involved similar injuries. Your lawyer will also be able to consider the law that applies to your specific injury, and will determine whether the noneconomic damages cap is applicable.