Four Parts of a Legal Claim

When a doctor or hospital creates a birth injury the family that is affected deserves fair compensation to pay for medical expenses and to ensure the future of their child. Attorneys work with experts to develop an argument that is able to satisfy the four elements of the legal claim.

The lawsuit starts when the attorney representing the plaintiff files a summons and complaint with the court. The case goes through a discovery period, where attorneys exchange information and conduct depositions.

Statute of Limitations

Birth injury lawsuits must be filed within a certain time frame called the statute of limitations. When this time frame expires, victims and their families could lose the opportunity to recover financial compensation from medical malpractice.

A doctor or nurse who fails to adhere to the standards of care is considered to be negligent in their medical practice. In many states, this means practicing within the scope of their education and training, as well as experience. Due to their unique qualifications, medical specialists such as obstetricians, for instance, have higher standards.

Lawyers often seek medical experts to testify on behalf of their clients on the quality of medical care. The experts may either look over the case file or conduct depositions of key witnesses to prove negligence claims.

The expert witnesses can also discern between malpractice and mistakes. For instance mistakes are an error that any reasonably skilled and competent medical provider could have made in the circumstances, but the error caused harm. The other, more serious form of malpractice, on the other side, is more severe and entails the deliberate act or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims get the right amount of compensation for their injuries.

A family may make a birth injury claim against private parties, such as hospitals or birth Injury attorneys obstetricians, for negligent actions that result in the child's medical conditions. Families can also bring a wrongful death claim if an unforgiving birth defect results in the death of the child.

Medical Records

If you or someone you care about suffered birth injuries, submitting an action can be difficult. A medical lawyer, or a personal injury attorney can help you gather the necessary documentation and proof to increase your chances of obtaining financial compensation that is due.

A successful claim for birth injuries depends on establishing four key elements such as duty of care; breach of this duty; causation, and damages. A skilled lawyer will work with you and your family in order to establish these elements by using medical documents and other evidence such as expert testimony.

In a medical negligence case an individual physician is generally liable for his or her actions within the context of their work. A hospital can be held vicariously responsible for the wrongful actions of its employees, provided they were acting within their scope of their job.

Depending on your child's injury that they sustained, they could require medical or life-care throughout their lives. This could mean a lot of costs, including hospitalization as well as additional surgeries and procedures, medications such as home care, medical equipment and other services.

A birth injury lawsuit could take years to settle. However, a skilled legal team will expedite this process by reviewing all evidence and present it to you as soon as is possible. Most birth injury attorneys offer free initial consultations, and they also offer contingency fee agreements. This means that you will not be charged any attorney's fees during the trial process unless and until you win compensation.

Expert Witnesses

The medical expert witness provides crucial information to the jury and judge. This expert is able to review the specific situation and identify the elements that are significant clinically. This allows lawyers to concentrate their arguments on what is important and only focus on the pertinent questions. The expert can also translate scientific and medical terms into an easy format to understand for the jury.

For a lawsuit to be successful, there must be four parts that must be proved: negligence breach of duty, causation and damages. New York birth injury attorneys can make use of medical records and other evidence to show this. They can name as defendants any medical professional who were involved in the care and delivery of the baby, including the hospital or institution where the delivery occurred. They may also need to identify the mother's name and any other family members who were present during the birth.

After the lawsuit has been filed and the parties are able to go through the process of filing motions, hearings, and discovery. This includes the exchange of medical records and other data between the two sides. The discovery process can take up to 1 year or birth injury attorneys more. During this period, the parties often attempt to reach a settlement. If a settlement isn't reached, the case will go to trial. The trial can last for several years, though many cases settle faster.

Damages

The lawsuit process involves building an argument to seek financial compensation. Your lawyer needs the necessary resources to create a strong case and get it to trial, if needed. Your lawyer generally advances the entire cost of a lawsuit and only gets paid attorney's fees if they can recover money for you.

Your lawyer will submit an Summons and Complaint in the county court where the injury happened. Doctors, hospitals and other medical services become defendants. Once the lawsuit has been filed there are a variety of steps that must be taken. This is a stage during which the attorneys exchange documents and information, as well as taking depositions and sworn statements from witnesses.

Causation is the most important element of a birth injury lawsuit. You must show that a medical professional violated their obligation and that your child would not be injured if the doctor had not.

The second major aspect of a legal action for birth injuries is the proof of damages. Your lawyer will seek out experts to determine all of your losses - from medical bills and lost income to the cost of care for your entire life and emotional distress. Your lawyer may also try to prove your case by submitting the results of other malpractice cases involving similar injuries. Lastly your lawyer will take into consideration the current state of law applicable to your particular injury, including whether the noneconomic damage cap applies.