Four Parts of a Legal Claim

If a doctor, hospital or any other entity results in a birth injury to a child, the family deserves fair compensation for medical expenses and future support. Attorneys and experts collaborate to create a case that meets four of the legal requirements.

The lawsuit starts with the filing of a summons and complaint by the attorney representing the plaintiff. The case is subject to an investigation period, during which attorneys exchange information and conduct depositions.

Statute of Limitations

Birth injury lawsuits must be filed in a specific time period, known as the statute of limitations. After this time period expires, both the victim's family and their loved ones may not be able to claim financial compensation from medical negligence.

A doctor or nurse who fails to meet the standards of care is believed to be guilty of medical malpractice. In many states, this includes working within the boundaries of their education or training and experience. Because of their unique training, medical specialists such as obstetricians also have higher standards.

Lawyers frequently seek medical experts to testify on behalf of their clients on the quality of care. The experts may either look over the case files or take depositions of the key witnesses to provide evidence to support claims of negligence.

Expert witnesses can also differentiate between errors and malpractice. A mistake, for example is a mistake that any competent and reasonably skilled medical provider could have committed in the circumstances. However, the mistake resulted in harm. Medical malpractice is a more grave issue, and is an intentional act or omission that causes harm. Most birth injury attorneys plead both theories to ensure that victims receive an adequate amount of compensation for their injuries.

A family can sue a private entity, such as an obstetrician or hospital, for negligence that causes health issues for a child. Families may also file a wrongful death claim if the birth defect is severe enough to result in the death of the child.

Medical Records

If you or someone you love has suffered an injury to their birth, filing claims can be a bit difficult. A medical malpractice and personal injury lawyer can help you gather the necessary documentation and evidence to increase your chances of winning financial compensation you are owed.

A successful birth injury claim depends on establishing the four primary elements of medical negligence which are duty of care breach of obligation, causation, and damages. A skilled lawyer will collaborate with your family members to determine these elements based on medical documents and other evidence, including expert testimony.

In a medical malpractice lawsuit, doctors are typically accountable for the actions they perform in the course of their work. A hospital can be held vicariously accountable for the negligence of its employees, as long as they were acting within the confines of their job.

Depending on the nature of the injuries your child sustains, they could require medical or life-care services for the rest of his or her life. This can mean a great deal of costs, including hospital stays, additional surgeries and procedures, medications, home care, equipment, and other services.

A birth injury lawsuit can take years to resolve. However, a seasoned legal team will speed up the process by reviewing all evidence and presenting it to you as soon as possible. Most birth injury attorneys offer no-cost initial consultations. they also have contingency fee agreements. This means that you won't be charged any attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness can be an invaluable source of information for the judge and jury. The expert is able to examine the particular case and determine which elements are important clinically. This allows the attorneys to concentrate their arguments and focus on what is relevant. The expert is also able to translate medical and scientific terminology into an easy to understand format for the jury.

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

Once the lawsuit has been filed The parties will then have to go through the motions, hearings and discovery process. This involves the exchange of medical records as well as other information between the two sides. The discovery process can last up to an entire year or more. During this period, the parties usually try to negotiate a settlement. If a settlement cannot be reached, the case will go to trial. This can last for several years, however many cases settle much sooner.

Damages

The process of suing involves constructing an argument to seek financial compensation. Your lawyer should have the resources to build a solid case and have the ability to go to trial if required. Your lawyer generally advances all lawsuit expenses and only gets paid attorneys' fees if they are able to recover funds for you.

The birth injury lawsuit process starts with your lawyer filing the Summons and Complaint with the court in the county in which the injury occurred. Hospitals, doctors, and other medical treatment become defendants. Once the lawsuit is filed, birth injury attorneys a variety of steps occur including discovery. This is a stage during which the attorneys exchange documents and information, as well as taking depositions and sworn statements from witnesses.

A key element in a birth injury lawsuit is showing causation. This means you have to demonstrate that the medical professional breached their duty, and if they hadn't then your child wouldn't have suffered an injury.

The second major aspect of a birth injury legal action is proving damages. Your lawyer will consult experts to determine your losses - from medical expenses and lost income to lifetime care and emotional distress. Your attorney could also try to bolster your claim by submitting the results of other malpractice cases that have similar injuries. Your lawyer will also look at the law applicable to your specific injury, and will determine whether the noneconomic damages cap is applicable.