Four Parts of a Legal Claim

If a doctor, hospital or any other person results in a birth injury to a child, the family is entitled to fair compensation for medical expenses and future care. Attorneys and experts work together to develop an action that fulfills four of the legal requirements.

The lawsuit starts when the plaintiff's attorney files a summons and complaint with the court. The case then goes through an investigation phase, during which attorneys exchange information, including depositions.

Statute of limitations

Like the majority of personal injury lawsuits, birth injury lawyers injury cases must be filed within a specified window of time called a statute of limitations. When this window is over, victims and families may lose their right to financial compensation for the damages resulting from medical negligence.

Medical malpractice refers to a physician or nurse failing to perform according to the standards of medical care. In many states, the standard is to practice within their limits of education, training, and experience. Obstetricians, medical specialists, and other doctors are held to higher standards due to their unique training and special knowledge.

Lawyers often seek proof of the quality of care from medical experts who be witnesses on behalf clients. Experts can review the case file or conduct depositions of key witnesses in order to help support claims of negligence.

Expert witnesses are able to differentiate between malpractice and errors. For instance mistakes are an error that a reasonably skilled and competent medical provider could have made in the situation, but the error resulted in harm. Malpractice is a much more serious matter and requires a deliberate action or omission which causes harm. Most birth injury law firms injury attorneys plead both theories to ensure victims get the right amount of compensation for their injuries.

A family may file a birth injury lawsuit against private parties, such as hospitals or obstetricians, for negligence that causes the medical issues of a child. Families may also file a wrongful death claim in the event that an extreme birth injury results in a child's death.

Medical Records

If you or someone you love has suffered an injury during birth, filing an action can be difficult. A personal injury and medical malpractice attorney can help you gather the necessary documentation and evidence to increase your chances of obtaining the financial compensation due.

A successful birth injury case relies on establishing the four key elements of medical negligence: duty of care, breach of duty, causation and damages. A competent lawyer can collaborate with your family members to establish these elements using medical documents and other evidence including expert testimony.

In a case of medical malpractice the doctor is usually responsible for the actions they make during their job. A hospital can be held vicariously liable for the negligence of its employees if they were acting within the scope of their work.

Depending on the nature of your child's injuries they may require medical and life-care services for the rest of their lives. This can involve a lot of expenses, such as hospitalization or additional surgeries and medications, home care, equipment and other services.

The process of litigation for cases involving birth injuries can take a long time to complete, however, a skilled legal team can speed up the process by carefully examining all of the evidence and providing it to you promptly. Most birth injury attorneys offer free initial consultations and they also have contingency fee agreements. This means that you will not be charged any attorney's fee during the litigation process unless you win compensation.

Expert Witnesses

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

To be able to prove the viability of a lawsuit, four things must be proven: negligence, breach, causation and damages. New York birth injury attorneys can use medical records as well as other evidence to demonstrate this. They can identify as defendants all medical providers involved in the care or delivery of the baby, including the hospital or institution in which the birth occurred. They may also be required to identify the mother's name or birth injury attorneys any other family member who was present at the birth.

After the lawsuit has been filed the parties will need to go through the motions, hearings, birth injury attorneys and the discovery process. The exchange of medical records in addition to other documents, is a part of the discovery process. The discovery period can last for up to a whole year. During this time, the parties often attempt to come to an agreement. If a settlement cannot be reached, the case is sent to trial. This process can take several years, but most cases are settled in much less time.

Damages

The process of filing a lawsuit begins with the creation of a case to seek financial compensation. Your lawyer needs the resources necessary to build an impressive case and then take it to trial, if necessary. Your lawyer generally advances the entire cost of a lawsuit and only gets paid fees for attorneys if they get money back for you.

Your lawyer will prepare a Summons and Complaint in the county court where the accident occurred. The hospitals, doctors and other medical professionals become defendants. Once the lawsuit has been filed, a variety of steps occur including discovery. This is a stage during which the attorneys exchange information and evidence, which includes taking depositions or sworn testimony from witnesses.

The most important aspect of a birth injury lawsuit is the ability to prove causation. This means you have to establish that the medical professional acted in breach of their duty and if they didn't, your child would not have suffered an injury.

The other main aspect of a legal action for birth injuries is the proof of damages. Your lawyer will consult experts to determine the full range of your losses from medical bills and loss of income to life-long care costs and emotional stress. Your lawyer could also seek to support your claim by providing the results of other malpractice cases involving similar injuries. Your lawyer will also take into consideration the current law for your particular injury, such as whether the noneconomic damages cap applies.