Four Parts of a Legal Claim

When a doctor, hospital or any other entity causes birth injuries to the child, the family should receive fair compensation for medical expenses and future care. Experts and attorneys collaborate to construct a case that meets four legal requirements.

The lawsuit begins with the filing of an accusation and summons by the plaintiff's lawyer. The case is then subject to a period of discovery, where attorneys exchange information, including depositions.

Statute of Limitations

Like every personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a specified period of time known as a statute of limitations. After this time families and victims may lose their chance to receive financial compensation for damages arising from medical malpractice.

Medical malpractice involves a doctor or nurse failing to perform in accordance with standards of medical care. In many states, the norm is to practice within the range of education, training and experience. Medical specialists like obstetricians are held to higher standards due to their unique training and special expertise.

Lawyers often seek evidence of the standards of care from medical experts who can be witnesses on behalf of clients. Experts can review the case file or conduct depositions of key witnesses in order to prove negligence claims.

Expert witnesses are able to discern between malpractice and mistakes. For instance errors are an error that any reasonably competent and skilled medical professional could have made under the situation, but the error resulted in harm. Medical malpractice, on the other side, is more severe and involves deliberate acts or omissions that results in harm. The majority of birth injury lawyers employ both theories to ensure that victims get an equitable amount of compensation.

A family may sue a private party, such as an obstetrician or a hospital, for negligence that results in medical issues for a child. Families can also file a wrongful death claim in cases where a severe birth injury results in a child's death.

Medical Records

If you or someone you know suffered birth injuries, submitting an action can be difficult. A medical legal professional, whether personal or medical, can assist you in obtaining the required documentation and evidence to increase your chances of receiving financial compensation you are due.

A successful birth injury claim relies on establishing the four primary elements of medical malpractice which are duty of care breach of duty, causation and damages. A competent lawyer can assist your family in establish these elements using medical records and other evidence including expert testimony.

In a case of medical malpractice an individual physician is generally accountable for their actions within the scope of their employment. A hospital may be held vicariously liable for the negligent acts of its employees, provided they were acting within the confines of their job.

Depending on the severity of the injuries your child sustains, they may require medical and life-care services for the remainder of his or her life. This can mean a great deal of costs, including hospitalization in addition to additional surgeries and procedures as well as medications such as home care, medical equipment and other services.

The process of litigation for cases involving birth injuries could take years to complete, however, a skilled legal team can speed up the process by carefully scrutinizing all evidence and then delivering it to you quickly. The majority of birth injury lawyers offer free initial consultations and they also offer contingency fee agreements. This means that you won't be charged any attorney's fee during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness can provide important information to the judge and jury. The expert will review the case and determine what elements are clinically important. This allows lawyers to better focus their arguments and only discuss the relevant aspects. The expert is also able to translate the scientific and medical terminology into an easy to understand format for the jury.

To establish a case for a successful lawsuit, four elements must be proven: negligence, breach, causation, and damages. To prove this, New York birth injury lawyers can rely on medical records and other evidence. They can name as defendants all medical providers who were involved in the care of the child and the delivery, including the hospital where the birth took place. They may also have to name the mother and any other family members who were present during the delivery.

After the lawsuit is filed, the parties will have 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 phase can last up to 1 year or more. During this time, the parties will usually attempt to settle the matter. If no settlement can be reached, the case goes to trial. The process can take several years, however many cases are settled much sooner.

Damages

The process of suing involves constructing an argument in order to seek financial compensation. Your lawyer needs to have the necessary resources to create an effective case and carry it all the way to trial, if necessary. The lawyer you hire will typically advance all costs associated with litigation and will receive fees for legal services only if you collect 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 where the incident occurred. Hospitals, doctors, and other medical treatment become defendants. Once the lawsuit is filed, there are a number actions that occur. This is the stage where attorneys share information, exhibits and also take depositions of witnesses.

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

The second major aspect of a legal action for birth injuries is the proof of damages. Your lawyer will work with experts to determine 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 evidence from other cases of malpractice that have similar injuries. Your lawyer will also consider the law that applies to your particular injury, such as whether the noneconomic damages cap is applicable.