Four Parts of a Legal Claim

If a hospital, doctor or any other person causes birth injuries to an infant, the family is entitled to fair compensation for medical expenses and future support. Experts and attorneys collaborate to create a case that meets four legal requirements.

The lawsuit starts when the plaintiff's attorney submits a summons as well as a complaint with the court. The case goes through a discovery phase, during which attorneys exchange information and take depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specific window of time called a statute of limitations. If this window runs out, victims and families may lose the chance to claim financial compensation for the damages resulting from medical malpractice.

A nurse or doctor who fails to adhere to the standards of care is believed to be in the wrong for medical malpractice. In a number of states, the norm is to practice within the scope of education, training and experience. Obstetricians and medical doctors are held to even higher standards because of their unique training and knowledge.

Lawyers often seek medical experts to testify for their clients about the standard of medical care. Experts may review the case records or take depositions of witnesses to prove negligence claims.

The expert witnesses can also identify between errors and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical provider could have committed in the circumstances. However, the mistake resulted in harm. Malpractice, on the other side, is more severe and involves a deliberate act or omission that causes harm. Most birth injury lawyers apply both theories to ensure that victims receive the right amount of compensation.

A family can start a lawsuit for birth injuries against private parties, like hospitals or obstetricians for negligence that causes the child's medical conditions. Families may also file a wrongful death claim in the event that severe birth injuries result in a child's death.

Medical Records

If you or someone you know suffered birth injuries, submitting claims can be a bit difficult. A medical malpractice and personal injury attorney can assist you with gathering the evidence and documentation required to increase your chances of obtaining the financial compensation you are owed.

A successful claim for birth injury is based on the establishing of four key elements that include duty of care; breach of this duty; causation and damages. A competent lawyer will work with your family in order to establish these elements using medical documents and other evidence such as expert testimony.

In a medical negligence case in general, a doctor is accountable for his or her actions within the scope of their duties. However, a hospital can also be held vicariously responsible for the negligent actions of its employees if they act within the course and nature of their work.

Depending on the nature of the injuries your child sustains, they could require medical or life-care services for the remainder of his or her life. This could result in a large amount of costs, including hospitalization as well as additional surgeries and procedures medication, in-home carer equipment, and other services.

The process of litigation for cases involving birth injuries can take years to complete, however a knowledgeable legal team can speed up the process by carefully scrutinizing all of the evidence and then delivering it to you in a timely manner. A majority of birth injury lawyers provide free initial consultations, as well as contingency fee arrangements, which means you do not pay any attorney's charges while the lawsuit is pending unless they win compensation for you.

Expert Witnesses

The medical expert witness can provide important information to the jury and judge. This expert can review the case and determine what aspects are crucial to the clinical. This allows lawyers to focus their arguments on the important and only talk about relevant issues. The expert can also translate medical and scientific terms into a format that is easy to comprehend for jurors.

To be successful, there must be four elements that must be proven: negligence, breach of duty, causation, and damages. New York birth injury attorneys can use medical records as well as other evidence to demonstrate this. They can also identify as defendants any medical providers who were involved in the treatment and delivery of the child including the hospital or the institution where the delivery took place. They may also need to identify the mother or any other family member who was present at the birth.

Once the lawsuit is filed the parties will proceed with filing motions, hearings and discovery. This includes the exchange of medical records and other information between the two sides. The discovery period may be as long as a full year. During this time, the parties usually try to reach an agreement. If a settlement is not reached, the case will go to trial. The process can take several years, but most cases are settled in much less time.

Damages

The process of suing involves constructing an argument in order to seek financial compensation. Your lawyer should be able to construct an effective case and be able to go through trial if needed. Your lawyer will generally advance the entire cost of litigation and pay attorney's fees only if you recover 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. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit is filed, a variety of steps are taken, including discovery. This is a step during which attorneys exchange information and evidence, which includes taking depositions or sworn testimony from witnesses.

A crucial element in a birth injury lawsuit is to establish causation. You must show that a medical professional did not fulfill their duty and that your child wouldn't be injured if they had not.

The other main aspect of a legal action for birth injuries is the proof of damages. Your lawyer will consult experts to determine all of your losses - from medical bills and loss of income to ongoing care and emotional stress. Your lawyer may also try to prove your case by submitting results from other malpractice cases that resulted in similar injuries. In addition the lawyer will be able to consider the current state of laws applicable to your particular injury, for instance, whether the noneconomic damage cap is applicable.