Four Parts of a Legal Claim

When a doctor or hospital results in a birth injury, the family that is affected deserves an adequate amount of compensation to pay for medical expenses and to ensure the future of their child. Attorneys collaborate with experts to create a case that satisfies four parts of the legal claim.

The lawsuit starts by filing the summons and complaint with the lawyer representing the plaintiff. The case is subject to an investigation period, during which attorneys exchange information and take depositions.

Statute of limitations

Like any personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within an established time frame, which is known as a statute of limitations. After this time period expires, families and victims may lose the chance to obtain financial compensation from medical malpractice.

A doctor or nurse who fails to meet the standards of care is believed to be guilty of medical malpractice. In many states, this includes practicing within the confines of their education and training, as well as experience. Obstetricians and medical professionals are held to even higher standards due to their unique training and special expertise.

Lawyers often seek evidence of the quality of medical care from experts who testify on behalf of clients. Experts can review the case files or conduct depositions of key witnesses to prove negligence claims.

Expert witnesses can also distinguish between malpractice and errors. For instance, a mistake is an error that any competent and skilled medical professional could have made under the circumstances, but the error resulted in harm. The issue of malpractice is more serious matter, and it involves a deliberate action or omission which causes harm. Most birth injury attorneys plead both theories to ensure that victims receive an adequate amount of compensation for their injuries.

A family can make a birth injury claim against private parties, like hospitals or obstetricians, to remedy negligence that causes the medical issues of a child. Families can also file a wrongful-death claim in cases where a severe birth injury results in the death of a child.

Medical Records

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

A successful birth injury claim is based on establishing the four primary elements of medical malpractice such as duty of care, breach of duty, causation, as well as damages. A knowledgeable lawyer will work with your family in order to establish these elements using medical records and other evidence including expert testimony.

In a medical malpractice lawsuit doctors are generally responsible for the actions they take during their employment. A hospital may be held vicariously responsible for the negligent acts of its employees if they were acting within the scope of their job.

Depending on the severity of the injuries your child sustains, they could require medical and life-care assistance for the rest of their lives. This could mean a lot of costs, including hospital stays as well as additional surgeries and procedures, medications such as home care, medical equipment, and other services.

The process of litigation for cases involving birth injuries may take years to finish, however, a seasoned legal team can expedite the process by carefully reviewing all evidence and delivering it to you on time. The majority of birth injury lawyers offer free consultations for initial consultations, and they also have 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 provide important information to the judge and jury. This expert is able to review the specific case and determine which elements are clinically significant. This allows the lawyers to concentrate their arguments on what is important and only focus on the pertinent questions. Experts can also translate scientific and medical terms into an easy format to comprehend for jurors.

In order for a lawsuit to be successful, there are four elements that must be proved: negligence, breach of duty, causation, and damages. New York birth injury attorneys can use medical records as well as other proof to demonstrate this. They can identify as defendants any medical professional who were involved in the treatment of the child and the birth as well as the hospital where the delivery took place. They may also be required to identify the mother or any other family member who was present at the birth.

Once the lawsuit has been filed the parties will need to go through the motions, hearings and the discovery process. The exchange of medical records along with other information is a part of the discovery process. The discovery period can last up to a full year. During this period, the parties usually try to come to an agreement. If a settlement cannot be reached the case will be sent to trial. This process could take several years, but a lot of cases are settled much sooner.

Damages

The lawsuit process involves building a case to seek financial compensation. Your lawyer should have the resources to construct a solid case and have the ability to go to trial if required. Your lawyer generally advances all costs associated with litigation and will receive attorneys' fees only if you are able to recover funds.

The process of bringing a lawsuit for birth injuries begins with your lawyer filing an Summons and Complaint with the court in the county where the incident occurred. Doctors, hospitals and other providers of medical treatment become defendants. Once the lawsuit is filed there are several steps that take place. This is where attorneys exchange information, provide evidence and depose witnesses.

A crucial element in a birth injury lawsuit is proving causality. You must show that a medical professional did not fulfill their obligation and that your child would not be injured if they had not.

The other main aspect of a birth injury legal action is the proof of damages. Your lawyer will work with experts to determine the totality of your losses - from medical bills and Birth injury attorneys loss of income, to lifelong care and emotional stress. Your attorney may also seek to bolster your claim by submitting the results of other malpractice cases that have similar injuries. Additionally your lawyer will take into consideration the current status of the laws applicable to your particular injury, including whether the noneconomic damage cap applies.