Four Parts of a Legal Claim

When a doctor or hospital creates a birth injury the family in question deserves fair compensation to cover medical costs and to ensure the future of their child. Attorneys work with experts to develop an appeal that meets the four elements of the legal claim.

The lawsuit starts when the attorney for the plaintiff is required to file a summons or complaint with the court. The case goes through the discovery process, during which attorneys exchange information and conduct depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specific time frame, which is known as a statute of limitation. When this window is over the family members and victims could lose their right to financial compensation for the damages resulting from medical negligence.

A nurse or doctor who fails to meet the requirements of medical care is considered to be guilty of medical malpractice. In many states, this includes practicing within the confines of their education and training, as well as experience. Because of their special qualifications, medical specialists like obstetricians are held to higher standards.

Lawyers often seek proof of the standards of care from medical experts who provide testimony on behalf of clients. The experts may either look over the case records or take depositions of the key witnesses to provide evidence to support claims of negligence.

Expert witnesses can discern between malpractice and mistakes. A mistake, for example, is an error which any competent and reasonably skilled medical professional could have made in the circumstances. However, the error caused harm. Malpractice, on the other however, is more dangerous and is an intentional act or omission that results in harm. The majority of birth injury lawyers employ both theories to ensure that victims receive an equitable amount of compensation.

A family can file a birth injury lawsuit against private parties, like obstetricians or hospitals, for negligence that causes a child's medical problems. Families can 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 untimely death.

Medical Records

If you or someone you know suffered a birth injury, filing an action can be difficult. A medical lawyer, or a personal injury attorney can assist you in gathering the necessary evidence and documentation to increase your chances of obtaining the financial compensation owed.

A successful claim for birth injury depends on establishing four key elements which include duty of care, breach of this duty; causation, and damages. A knowledgeable lawyer can assist your family in establish these elements based on medical records and other evidence including expert testimony.

In a case of medical malpractice, doctors are typically responsible for the actions they make in the course of their duties. A hospital could be held vicariously liable for the negligence of its employees, provided they were acting within the confines of their employment.

Depending on the nature of your child's injuries, they could require medical and life-care treatments for the rest of his or her life. This could mean a lot of expenses, including hospital stays as well as additional surgeries and procedures as well as medications and home care, as well as equipment and other services.

The process of litigation for a birth injury lawyer injury case can take years to finish, but an experienced legal team can speed up the process by carefully examining all evidence and providing it to you on time. Many birth injury lawyers provide free initial consultations, as well as contingency fee arrangements, which means you don't pay any attorneys' fees while the lawsuit is pending as long as they get compensation for you.

Expert Witnesses

The medical expert witness provides crucial information to the judge and jury. This expert is able to analyze the particular case and determine which elements are significant clinically. This allows the lawyers to focus their arguments on the most important aspects and only focus on the relevant questions. The expert can also translate the scientific and medical terminology into a clear format for jurors.

To make a case successful, there must be four parts that need to be proved: negligence, breach of duty, causation, and damages. New York birth injury attorneys can utilize medical records and other proof to show this. They can list as defendants all medical providers who were involved in the care of the child as well as the birth including the hospital in which the delivery took place. They may also need to identify the mother and any other family members who were present during the delivery.

After the lawsuit is filed the parties will go through the process of filing motions, hearings, and discovery. This involves the exchange of medical records and other information between the two sides. The discovery period may last for up to a whole year. In this time, the parties will often try to settle the matter. If a settlement is not reached the case will go to trial. This can last for several years, but the majority of cases settle much earlier.

Damages

The process of a lawsuit involves the creation of an argument to seek financial compensation. Your lawyer needs the resources needed to construct a strong case and get it all the way through trial, if needed. Your lawyer usually covers all lawsuit expenses and only gets paid fees for attorneys if they are able to recover funds for you.

The process of bringing a lawsuit for birth injuries starts with your lawyer filing the Summons and Complaint with the court in the county where the injury occurred. Hospitals, doctors, and other providers of medical care are defendants. Once the lawsuit is filed there are several actions that occur. This is a process in which attorneys exchange documents and information, as well as taking depositions or sworn statements from witnesses.

Causation is a key element of a birth injury suit. You must prove that a medical professional did not fulfill their obligation and that your child would not be hurt if they had not.

The second major aspect of an action for birth injury is the proof of damages. Your lawyer will work with experts to determine the total range of your losses, from medical bills and income loss to life-long care costs and emotional distress. Your lawyer may also try to strengthen your claim by submitting the results of other malpractice cases that involved similar injuries. Your lawyer will also take into consideration the current law for the type of injury you suffered, including whether the noneconomic damages cap applies.