Four Parts of a Legal Claim

If a doctor or hospital causes a birth trauma, the family affected should receive an adequate amount of compensation to pay for medical expenses and provide for their child's future. Attorneys work with experts to develop an appeal that meets the four elements of a legal claim.

The lawsuit begins with the filing of a summons and complaint by the lawyer representing the plaintiff. The case then goes through the discovery process, in which attorneys exchange information, which includes depositions.

Statute of Limitations

Like every personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a specific time frame, which is known as a statute of limitations. If this window runs out families and victims could lose their chance to receive financial compensation for injuries resulting from medical negligence.

A doctor or nurse who fails to meet the requirements of medical care is considered to be negligent in their medical practice. In many states, this standard includes practicing within the scope of their education and training, as well as experience. Because of their special qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often seek medical experts to testify on behalf of their clients about the standard of care. The experts can either review the case files or conduct depositions of key witnesses to help support claims of negligence.

Expert witnesses can also distinguish between errors and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical provider could have made under the circumstances. However, the error resulted in harm. Medical malpractice is a more serious matter and requires a deliberate action or omission that causes harm. Most birth injury lawyers will argue both theories to ensure that victims get the right amount of compensation for their injuries.

A family can make a birth injury claim against private parties, like obstetricians or hospitals, for careless actions that cause the child's medical conditions. Families may also bring a wrongful death claim if a severe birth defect results in the death of a child.

Medical Records

It can be a challenge to make a claim if you or someone you know suffers from an illness that was born. A personal injury and medical malpractice attorney can help you gather the evidence and documentation required to improve your chances of winning financial compensation due.

A successful claim for birth injuries is based on the establishing of four key elements which include duty of care, breach of this duty; causation, and damages. A competent lawyer will work with your family to establish these elements by using medical documents and other evidence such as expert testimony.

In a case of medical malpractice, a physician is generally accountable for their actions within the scope of their employment. However, a hospital may also be held vicariously liable for the negligent acts of its employees if they are acting in the course and within the scope of their job.

Depending on the injury your child sustained and the severity of the injury, your child may require medical or life-care throughout their lives. This can result in a large amount of costs, birth injury lawsuit including hospitalization, additional surgeries and procedures as well as medications for home care, equipment, and other services.

A birth injury lawsuit can take a long time to resolve. However, a skilled legal team can speed up the process by examining all evidence and present it to you as soon as it is possible. Many birth injury lawyers provide free initial consultations and contingent fee arrangements, which means that you don't have to have to pay any attorney's fees while the lawsuit is pending unless they win compensation for you.

Expert Witnesses

The medical expert witness is an invaluable source of information for judges and jury. The expert will review the case and determine which aspects are clinically significant. This allows lawyers to focus their arguments on what is important and only talk about pertinent questions. The expert is also able to translate the scientific and medical terminology into a clear format for jurors.

To be able to prove the viability of a lawsuit, four elements must be proved: negligence, breach, causation and damages. New York birth injury attorneys can make use of medical records and other evidence to prove this. They can also identify as defendants all medical providers involved in the care or birth of the child, including the hospital or institution in which the birth occurred. They may also have to name the mother and any other family members present during the birth.

After the lawsuit is filed, the parties will have to go through the motions, hearings and discovery process. This includes the exchange of medical records and other documents between the two sides. The discovery process can take up to an entire year or more. During this time, the parties often attempt to settle the matter. If a settlement is not reached the case will proceed to trial. This process could take several years, however many cases are settled earlier.

Damages

The process of filing a lawsuit involves creating an argument in order to seek financial compensation. Your lawyer must have the resources to build a strong case, and then undergo trial if necessary. Your lawyer typically advances all court costs and birth injury lawsuit only receives attorney's fees when they are able to recover funds for you.

The birth injury lawsuit process 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 providers become defendants. After the lawsuit is filed, a number of steps occur including discovery. This is when attorneys exchange information, evidence and also take depositions of witnesses.

Causation is a key element of a birth injury suit. You must show that a medical professional violated their obligation and that your child wouldn't be injured if they had not.

Another important aspect of a birth injury legal action is proving damages. Your lawyer will work with experts to determine the totality of your losses, from medical bills and loss of income to lifetime care and emotional distress. Your lawyer could also attempt to prove your case by submitting the results of other malpractice cases that resulted in similar injuries. Additionally, your lawyer will consider the current state of the law for your type of accident, including whether the noneconomic damage cap is applicable.