Four Parts of a Legal Claim

If a doctor, hospital or birth injury lawyer any other person causes a birth injury to a child, the family should receive fair compensation for medical expenses as well as future support. Attorneys work with experts to develop an appeal that meets the four components of a legal claim.

The lawsuit starts when the plaintiff's lawyer files a summons and complaint with the court. The case will then go through an initial period of discovery during which attorneys exchange information, including depositions.

Statute of Limitations

Like all personal injury lawsuits, birth injury cases must be filed within an established period of time known as a statute of limitations. After this time families and victims may lose the chance to claim financial compensation for damages arising from medical negligence.

Medical malpractice involves a doctor or nurse not performing according to the standards of medical care. In many states, this standard includes performing within the limits of their education and training as well as their experience. Obstetricians and medical doctors are held to even higher standards because of their special training and expertise.

Lawyers often request medical experts to testify on behalf of their clients about the quality of care. Experts may review the case file or conduct 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 even a competent and skilled medical professional could have made under the circumstances, but the error resulted in harm. The other, more serious form of malpractice, on the other however, is more dangerous and entails a deliberate act or omission that causes harm. The majority of birth injury Lawyer injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries.

A family can bring a birth injury lawsuit against private parties, such as hospitals or obstetricians, to remedy negligence that leads to a child's medical problems. Families can also bring a wrongful-death claim when the severe birth defect results in the death of the child.

Medical Records

If you or someone you love has suffered birth injuries, submitting an action can be difficult. A medical malpractice and personal injury attorney can help you gather the evidence and documentation required to increase your chances of receiving the financial compensation due.

A successful claim for birth injury lawyer birth injury is based on the establishing of four key elements which include duty of care, breach of this duty; causation, and damages. A skilled lawyer will work with your family to establish these elements based on medical records and other evidence, including expert testimony.

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

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

A birth injury lawsuit could take a long time to resolve. However, a skilled legal team will expedite this process by examining all evidence and giving it to you as soon as possible. Most birth injury attorneys offer free initial consultations and they also have contingency fee agreements. This means that you won't be charged attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness can be an important source of information to the judge and jury. The expert can analyze the particular situation and identify the elements that are clinically significant. This allows lawyers to better concentrate their arguments and to discuss only what is relevant. The expert is also able to translate medical and scientific terminology into a simple format for the jury.

To prove a successful lawsuit, four elements must be proven: negligence breach, causation, and damages. To prove this, New York birth injury lawyers can use the medical records and other evidence. They can identify as defendants any medical professional who were involved in the care of the child and the delivery as well as the hospital where the delivery took place. They may also be required to identify the mother's name 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 procedures. This includes the exchange of medical records and other data between the two sides. The discovery phase can last up to one year or more. During this time, parties will usually attempt to reach a settlement. If no settlement is reached the case will go to trial. The trial could last for many years, although most cases settle earlier.

Damages

The lawsuit process involves building a case to seek financial compensation. Your lawyer must have the resources to build an effective case and have the ability to go to trial if required. The lawyer you hire will typically advance the entire cost of litigation and pay attorney's fees only if you collect money.

Your lawyer will submit a Summons and Complaint in the county court where the injury occurred. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit has been filed there are a variety of steps that take place. This is the stage where attorneys exchange information, evidence and depose witnesses.

The most important element in a birth injury lawsuit is showing the causality. This means you have to demonstrate that the medical professional violated their obligation and if they didn't, your child would not have suffered an injury.

The other major aspect of an action for birth injury is proving damages. Your lawyer will work with experts to assess the full range of your losses from medical expenses and loss of income to life-long care costs and emotional stress. Your attorney could also try to support your claim by submitting the results of other malpractice cases that have similar injuries. Finally your lawyer will take into consideration the current state of the laws applicable to your particular injury, for instance, whether the noneconomic damage cap is applicable.