Four Parts of a Legal Claim

If a doctor or hospital results in a birth injury, the affected family deserves fair compensation to cover medical costs and ensure their child's future. Attorneys and experts work together to build an action that fulfills four of the legal requirements.

The lawsuit begins with the filing of a summons and complaint by the plaintiff's lawyer. The case will then go through the discovery process, where attorneys exchange information, including depositions.

Statute of Limitations

Like all personal injury lawsuits in the United States, birth injury lawyer injury lawsuits must be filed within a specified period of time, also known as the statute of limitations. When this window is over families and victims may be denied financial compensation for losses resulting from medical negligence.

Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with the standards of care. In many states, this includes working within the boundaries of their education or training and experience. Obstetricians and medical professionals are held to higher standards because of their unique training and specialized knowledge.

Lawyers often request medical experts to testify on behalf of their clients about the standard of care. Experts are able to review case files and take depositions in support of allegations of negligence.

The expert witnesses can also identify between errors and malpractice. A mistake, for instance, is an error which any competent and reasonably skilled medical provider could have made under the circumstances. However, the mistake caused harm. Malpractice is a much more serious matter and requires a deliberate action or omission which causes harm. The majority of birth injury lawyers argue both theories to ensure victims get fair compensation for their injuries.

A family can start a lawsuit for birth injuries against private parties, like obstetricians or hospitals, for careless actions that cause the child's medical conditions. Families can also file a wrongful-death claim when the birth defect is severe enough to result in the death of the child.

Medical Records

If you or someone you love suffered birth injuries, submitting an action can be difficult. A medical lawyer, or a personal injury attorney will assist you in gathering the necessary documentation and evidence to increase your chances of obtaining the financial compensation that is due.

A successful claim for birth injury is based on the establishing of four key elements such as duty of care; breach of this duty; causation, and damages. A knowledgeable lawyer can work with your family to establish these elements based on medical documents and other evidence, including expert testimony.

In a medical negligence case the doctor is usually accountable for his or her actions in the scope of their duties. A hospital could be held vicariously liable for the negligent acts of its employees, if they were acting within the confines of their employment.

If your child is injured and the severity of the injury, your child may require medical or life-care for the rest of their lives. This can result in a large amount of expenses, such as hospitalization or additional surgeries as well as medications, home care, equipment, and other services.

A birth injury lawsuit can take years to resolve. However, an experienced legal team can speed up this process by examining all evidence and presenting it to you as soon as it is possible. Most birth injury lawyers offer free initial consultations and contingent fee agreements, which means you do not have to pay any attorney's fees during the time that the lawsuit is pending unless they win compensation for you.

Expert Witnesses

The medical expert witness is an invaluable source of information for the judge and jury. The expert is able to analyze the particular case and determine which elements are significant clinically. This allows the lawyers to focus their arguments on what is important and only discuss relevant questions. The expert can also translate medical and scientific terms into a format that is simple to understand for jurors.

In order for a lawsuit to be successful, there are four parts that need to be proved: negligence, breach of duty, causation and damages. To prove this, New York birth injury lawyers can use the medical documents as well as other evidence. They can identify as defendants any medical professional involved in the care or delivery of the baby, including the hospital or institution in which the delivery took place. They may also need to identify the mother's name or any other family member who was present during the birth injury law firm.

When the lawsuit is filed, the parties will go through a process of filing motions, hearings and discovery. This involves the exchange of medical records as well as other information between the two parties. The discovery phase can last up to a full year. During this period, the parties will usually attempt to negotiate a settlement. If a settlement is not reached, the case will go to trial. This process could take several years, but a lot of cases are settled earlier.

Damages

The process of filing a lawsuit begins with making a case for financial compensation. Your lawyer must have the resources required to build a strong case and get it to trial, if needed. Your lawyer generally advances all costs associated with litigation and will receive attorneys' fees only if you are able to recover funds.

Your lawyer will submit an Summons and Complaint in the county court in which the injury happened. The doctors, hospitals and other medical professionals become defendants. After the lawsuit is filed, a number of steps are taken, including discovery. This is an event during which the attorneys exchange information and evidence, such as taking depositions or sworn declarations from witnesses.

A key element in a birth injury lawsuit is the ability to prove causation. This means that you must prove that the medical professional breached their obligation, and if they hadn't the child would not have suffered an injury.

The other major aspect of a birth injury legal case is proving damages. Your lawyer will consult experts to determine the total amount of your losses, from medical bills and loss of income to the cost of care for your entire life and emotional distress. Your lawyer could also seek to bolster your claim by providing the results of other malpractice cases that have similar injuries. Your lawyer will also look at the current law for your particular injury, such as whether the noneconomic damages cap applies.