Four Parts of a Legal Claim

If a hospital or doctor causes a birth injury, the family that is affected deserves fair compensation to cover medical costs and provide for their child's future. Attorneys work with experts to develop a case that satisfies four parts of a legal claim.

The lawsuit begins with the filing of an order and complaint by the attorney representing the plaintiff. The case goes through a discovery phase, during which attorneys exchange information and take depositions.

Statute of limitations

Birth injury lawsuits must be filed within a specific time period, known as the statute of limitations. After this time period expires, the family and victims might not be able to claim financial compensation from medical negligence.

Medical malpractice refers to a physician or nurse who fails to act in accordance with the standard of care. In many states, the standard is to practice within their scope of education, training, and experience. Obstetricians and medical professionals are held to even higher standards due to their unique training and knowledge.

Lawyers often request medical experts to testify for their clients about the standard of medical care. Experts can review dossiers of the case and take depositions to support allegations of negligence.

Expert witnesses are also able to distinguish between malpractice and errors. For example mistakes are an error that any competent and skilled medical professional could have made in the circumstances, but the mistake resulted in harm. Malpractice is a much more serious matter, and it involves an intentional act or omission causing harm. The majority of birth injury lawyers utilize both theories to ensure that victims get an equitable amount of compensation.

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

Medical Records

If you or someone you love has suffered an injury during birth, filing claims can be a bit difficult. A medical legal professional, whether personal or medical, will assist you in gathering the necessary documentation and evidence to increase your chances of receiving financial compensation that is due.

A successful birth injury claim depends on establishing the four key elements of medical malpractice that include duty of care, breach of duty, causation, as well as damages. A knowledgeable lawyer can work with your family to establish these elements using medical documents and birth injury other evidence including expert testimony.

In a medical malpractice case the doctor is usually accountable for their actions within the context of their duties. A hospital may be held vicariously liable for the actions of its employees, provided they were acting within the context of their duties.

Depending on the injury your child sustained depending on the severity of the injury, they may need medical and life-care service for the rest of their lives. This can involve a lot of costs, including hospital stays, additional surgeries and procedures as well as medications, home care, equipment, and other services.

A lawsuit involving a birth injury can take many years to resolve. However, a skilled legal team will speed up the process by examining all evidence and presenting it to you as quickly as is possible. Many birth injury lawyers provide free initial consultations, as well as contingency fee agreements, which means that you don't have to pay any attorneys' fees while the lawsuit is in process as long as they get compensation for you.

Expert Witnesses

The medical expert witness provides crucial information to the jury and judge. The expert is able to analyze the particular case and identify which aspects are important clinically. This allows the attorneys to better concentrate their arguments and to discuss only what is relevant. The expert can also translate medical and scientific terms into a 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 make use of medical records and other proof to demonstrate this. They can name as defendants any medical professionals involved in the care and delivery of the child including the hospital or institution where the delivery occurred. They may also be required to identify the mother's name or any other family member who was present during the birth injury attorney.

After the lawsuit is filed the parties will need to go through the motions, hearings, and the discovery process. This includes the exchange of medical records and other documents between the two parties. The discovery process can take up to a year or more. In this time, parties usually try to reach an agreement. If a settlement cannot be reached the case will go to trial. This process could take several years, but a lot of cases are settled much sooner.

Damages

The process of filing a lawsuit involves creating a case to seek financial compensation. Your lawyer needs the necessary resources to create a strong case and get it to trial, if necessary. The lawyer you hire will typically advance all litigation expenses and receives fees for attorneys only if you recover money.

The process of bringing a lawsuit for birth injuries starts with your lawyer filing a Summons and Complaint with the court in the county in which the injury occurred. The doctors, hospitals and other medical providers become defendants. After the lawsuit is filed, a number of steps are carried out, including discovery. This is a step during which attorneys exchange information and evidence, such as taking depositions or sworn testimony from witnesses.

Causation is one of the key elements of a birth injury suit. This means you have to show that the medical professional acted in breach of their duty, and if they hadn't then your child wouldn't have suffered an injury.

The other major aspect of a legal action for birth injuries is proving damages. Your lawyer will seek out experts to determine all of your losses - from medical expenses and lost income to lifetime care and emotional stress. Your lawyer could also seek to bolster your claim by submitting the results of other malpractice cases involving similar injuries. Your lawyer will also take into consideration the current laws applicable to the type of injury you suffered, including whether the noneconomic damages cap is applicable.