Four Parts of a Legal Claim

When a doctor or hospital causes a birth injury, the affected family deserves fair compensation to pay for medical expenses and ensure their child's future. Experts and attorneys collaborate to construct a case which meets four legal requirements.

The lawsuit starts when the plaintiff's lawyer submits a summons as well as a complaint with the court. The case is then subject to a 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 a specific period of time known as a statute of limitations. After this time period expires, victims and their families may not be able to receive financial compensation resulting from medical malpractice.

Medical malpractice is the result of a doctor or nurse who fails to act in accordance with standards of care. In many states, this standard includes practicing within the confines of their education and training, as well as experience. Obstetricians, medical specialists, and other doctors are held to even higher standards due to their special training and knowledge.

Lawyers often seek proof of the standard of care from medical experts who can be witnesses on behalf of clients. Experts can examine case files and conduct depositions to prove claims of negligence.

The expert witnesses can also discern between malpractice and mistakes. For example errors are an error that even a competent and skilled medical professional could have made in the circumstances, but the error resulted in harm. Malpractice is a more serious issue and involves a deliberate action or omission that causes harm. Most birth injury lawyers apply both theories to ensure that victims get the right amount of compensation.

A family can make a birth injury claim against private parties, like hospitals or obstetricians, for negligent actions that result in the medical issues of a child. Families can also file a wrongful death claim if a severe kingman birth injury lawyer injury results in the death of a child.

Medical Records

If you or someone you care about suffered an injury during birth, filing claims can be challenging. A personal injury and medical malpractice lawyer can help you gather the required documentation and evidence to improve your chances of winning financial compensation that is owed.

A successful birth injury case relies on establishing the four key elements of medical negligence: duty of care, breach of this duty, causation, and damages. A skilled lawyer will work with you and your family in order to establish these elements by using medical documents and other evidence such as expert testimony.

In a case of medical malpractice the doctor is usually responsible for their actions in the course of their employment. However, a hospital may also be held vicariously responsible for the actions of its employees if they are acting within the course and within the scope of their job.

Depending on your child's injury and birth injury the severity of the injury, your child may require medical or life-care for the rest of their lives. This can entail a lot of costs, such as hospitalization in addition to additional procedures and surgeries and medications, in-home caregivers equipment, and other services.

The process of litigation for cases involving birth injuries could take years to complete but an experienced legal team can speed up the process by thoroughly reviewing all evidence and then delivering it to you quickly. A majority of birth injury lawyers provide free initial consultations and they also have contingency fee agreements. This means that you won't be charged any attorney's fee during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness can be a valuable source of information for judges and jury. This expert is able look over the specific case and identify which aspects are significant clinically. This allows attorneys to better focus their arguments and only discuss what is relevant. The expert can also translate the scientific and medical terminology into an easy to understand format for jurors.

For a lawsuit to be successful, there are four parts to be proven: negligence, breach of duty, causation and damages. New York birth injury attorneys can use medical records and other evidence to demonstrate this. They can list as defendants all medical providers who were involved in the care of the child and the delivery as well as the hospital where the delivery occurred. They may also need to name the mother or any other family member who was present at the birth.

After the lawsuit is filed and the parties are able to undergo a process of filing motions, hearings and discovery. The exchange of medical records as well as other records is part of the discovery process. The discovery phase can last for a period of up to a year. In this time, the parties will often try to settle the matter. If a settlement is not agreed upon, the case goes to trial. This can last for several years, but many cases settle much sooner.

Damages

The process of filing a lawsuit begins with the creation of a case to seek financial compensation. Your lawyer must have the resources to create a strong case, and then go through trial if necessary. Your lawyer will generally advance the entire cost of litigation and pay fees for legal services only if you recover money.

Your lawyer will prepare a Summons and Complaint in the county court where the incident happened. Hospitals, doctors, and other providers of medical treatment become defendants. Once the lawsuit has been filed, there are a number steps that take place. This is where attorneys exchange information, documents and take depositions from witnesses.

The most important aspect of a birth injury lawsuit is proving causation. This means that you must show that the medical professional acted in breach of their obligation, and if they hadn't the child would not have suffered an injury.

Proving damages is another crucial aspect of a lawsuit for birth injuries. Your lawyer will work with experts to determine the totality of your losses - from medical bills and loss of income, to lifelong care and emotional stress. Your lawyer can also try to strengthen your claim by submitting the results of other malpractice cases that have similar injuries. Finally, your lawyer will consider the current status of the law applicable to your particular accident, including whether the noneconomic damage cap applies.