Four Parts of a Legal Claim

When a doctor, hospital or another party causes birth injuries to a child, the family deserves fair compensation for medical expenses and future support. Attorneys and experts collaborate to create a case that meets four legal requirements.

The lawsuit starts with the filing of a summons and complaint by the plaintiff's lawyer. The case goes through a discovery phase, during which attorneys exchange information and conduct depositions.

Statute of limitations

Birth injury lawsuits must be filed within a specific time period, known as the statute of limitations. When this time frame expires, the family and victims could lose the opportunity to obtain financial compensation from medical negligence.

Medical malpractice is the result of a doctor or nurse failing to perform in accordance with standards of care. In many states, the standard is to practice within the limitations of training, education and experience. Due to their unique education, medical professionals like obstetricians are held to higher standards.

Lawyers often seek medical experts to testify on behalf of their clients regarding the quality of care. The experts may either look over the case files or take depositions of key witnesses in order to provide evidence to support claims of negligence.

Expert witnesses are able to distinguish between mistakes and malpractice. A mistake, for example is a mistake that any competent and reasonably skilled medical professional could have made under the circumstances. However, the error caused harm. Malpractice is a much more serious issue and involves an intentional act or omission causing harm. Most birth injury lawyers will argue both theories to ensure victims receive the right amount of compensation for their injuries.

A family may bring a lawsuit against a private person like an obstetrician's office or hospital for negligence that results in medical issues for a child. Families may also file a wrongful death claim in the event that an injury to the birth canal is severe enough to result in a child's death.

Medical Records

If you or someone you love has suffered a birth injury, filing an action can be difficult. A medical lawyer, or a personal injury attorney can help you gather the necessary evidence and documentation to increase your chances of obtaining financial compensation you are due.

A successful claim for birth injury relies on establishing four essential elements: duty of care; breach of this duty; causation, and damages. A knowledgeable lawyer can work with your family to establish these elements using medical documents and other evidence, including expert testimony.

In a medical negligence case in general, a doctor is accountable for their actions within the context of their work. A hospital could be held vicariously accountable for the negligence of its employees if they were acting within the scope of their work.

Depending on the injury your child sustained that they sustained, they could require medical and life-care assistance for the rest of their lives. This can result in a large amount of expenses, including hospitalization in addition to additional surgeries and procedures as well as medications, home care, equipment and other services.

The litigation process for a birth injury case can take years to finish, however, a skilled legal team can expedite the process by carefully examining all of the evidence and then delivering it to you quickly. Many birth injury law firms injury lawyers provide free initial consultations, as well as contingency fee arrangements, which means that you don't pay any attorneys' fees as the lawsuit continues until they receive compensation for you.

Expert Witnesses

The medical expert witness can be an important source of information for the judge and jury. This expert is able to review the specific case and recognize what elements are clinically significant. This allows attorneys to better concentrate their arguments and to discuss only the relevant aspects. The expert can also translate medical and scientific terms into an format that is easy to understand for jurors.

In order to establish the merits of a lawsuit, four elements must be proven: negligence, breach, causation and damages. New York birth injury attorneys can use medical records as well as other evidence to demonstrate this. They can name as defendants all medical professionals who were involved in the treatment of the child and the birth including the hospital in which the birth took place. They may also have to name the mother or any other family member who was present at the birth.

After the lawsuit has been filed after the lawsuit has been filed, the parties will have to go through the motions, Birth Injury Law Firms hearings, and discovery process. This includes the exchange of medical records and other data between the two parties. The discovery period can be as long as a full year. In this time, the parties will often try to reach a settlement. If no settlement can be reached, the case is sent to trial. The process can take several years, but a lot of cases are settled much faster.

Damages

The process of filing a lawsuit begins with creating a case for financial compensation. Your lawyer should have the resources to create a strong case and undergo trial if necessary. Your lawyer typically advances the entire cost of a lawsuit and only receives fees for attorneys if they can recover money for you.

The birth injury lawsuit process begins with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. Doctors, hospitals and other providers of medical services become defendants. Once the lawsuit is filed, a variety of steps occur including discovery. This is where attorneys share information, exhibits and depose witnesses.

Causation is a key element of a birth injury suit. This means you have to show that the medical professional breached their obligation and, if they had not the child would not have suffered an injury.

The proof of damages is a crucial aspect of a legal action for birth injuries. Your lawyer will consult with experts to determine the complete range of your losses from medical expenses and loss of income to lifetime care costs and emotional stress. Your lawyer may also try to support 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 laws applicable to your particular injury, for instance, whether the noneconomic damage cap is applicable.