Four Parts of a Legal Claim

If a hospital, doctor or any other person results in a birth injury to children, the parents should receive fair compensation for medical expenses and future support. Attorneys work with experts to develop a case that satisfies four components of an legal claim.

The lawsuit starts when the plaintiff's attorney submits a summons as well as a complaint with the court. The case then goes through an initial period of discovery during which attorneys exchange information, which includes depositions.

Statute of Limitations

Birth injury lawsuits must be filed within a specific time period, known as the statute of limitations. After this time, victims and families may lose the chance to claim financial compensation for injuries resulting from medical negligence.

Medical malpractice refers to a doctor or nurse who fails to perform in accordance with standards of medical care. In a number of states, the standard is to practice within their limits of education, training and experience. Because of their special qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often require medical experts to testify for their clients regarding the quality of care. Experts may review the case records or take depositions of key witnesses in order to assist in proving negligence claims.

Expert witnesses are able to differentiate between malpractice and errors. For instance errors are an error that any competent and skilled medical professional could have made in the situation, but the error caused harm. Medical malpractice is a more serious matter and requires a deliberate action or omission causing harm. Most birth injury attorneys plead both theories to ensure victims receive the right amount of compensation for their injuries.

A family may file a birth injury lawsuit against private parties, such as obstetricians or hospitals, for careless actions that cause a child's medical problems. Families can also file wrongful-death claims when a severe birth defect results in the death of the child.

Medical Records

If you or someone you know suffered an injury during birth, filing a claim can be complicated. A personal injury and medical malpractice attorney can help you gather the evidence and documentation required to increase your chances of winning financial compensation you are owed.

A successful claim for birth injuries is based on the establishing of four key elements which include duty of care, breach of this duty; causation, and damages. A competent lawyer will work with you and your family to establish these elements by using medical records and other evidence like expert testimony.

In a lawsuit for medical malpractice doctors are generally accountable for the actions they make during their employment. A hospital can be held vicariously accountable for the actions of its employees, as long as they were acting within the context of their employment.

Depending on your child's injury and the severity of the injury, your child may need medical and life-care service throughout their lives. This could lead to a great deal of costs, including hospitalization as well as additional surgeries and procedures medication, in-home carer equipment, as well as other services.

The process of litigation for cases involving birth injuries may take years to complete however, a seasoned legal team can speed up the process by carefully scrutinizing all the evidence and providing it to you in a timely manner. Most birth injury lawyers offer free consultations for initial consultations as well as contingency fee agreements, which means that you will not have to pay any attorneys' fees while the lawsuit is pending as long as they get compensation for you.

Expert Witnesses

The medical expert witness gives important information to the judge and jury. The expert will analyze the case and determine what elements are crucial for clinical reasons. This allows the attorneys to better concentrate their arguments and to discuss only what is relevant. Experts can also translate medical and scientific terms into a format that is simple to understand for jurors.

In order to establish the merits of a lawsuit, four elements must be proved: negligence breach, causation and damages. New York birth injury attorneys can utilize medical records and other proof to show this. They can identify as defendants all medical providers who were involved in the care of the child as well as the delivery including the hospital in which the delivery occurred. They may also be required to identify the mother or any other family member who was present during the birth injury attorney.

When the lawsuit is filed and the parties are able to undergo a process of filing motions, hearings and discovery. This includes the exchange of medical records as well as other information between the two sides. The discovery process can last up to a full year. During this time, the parties usually try to reach a settlement. If a settlement isn't reached, the case goes to trial. The trial could last for many years, however the majority of cases settle much earlier.

Damages

The lawsuit process starts with the creation of a case to seek financial compensation. Your lawyer needs the resources needed to construct a solid case and take it to trial, if necessary. The lawyer typically covers all lawsuit expenses and only receives attorneys' fees if they get money back for you.

Your lawyer will file a Summons and Complaint in the county court where the injury happened. Doctors, hospitals and other providers of medical services become defendants. After the lawsuit is filed, a variety of steps take place, including discovery. This is a stage during which the attorneys exchange information and evidence, including taking depositions or sworn statements from witnesses.

A key element in a birth injury lawsuit is to establish causality. This means that you must prove that the medical professional did not fulfill their duty and, if they had not, your child would not have suffered an injury.

Proving damages is another important aspect of a legal action for birth injuries. Your lawyer will consult with experts to assess the full extent of your losses, from medical bills and loss of income to lifetime care costs and emotional anxiety. Your attorney may also seek to support your claim by submitting the results of other malpractice cases involving similar injuries. Your lawyer will also look at the law that applies to your particular injury, such as whether the noneconomic damages cap is applicable.