Four Parts of a Legal Claim

If a hospital, doctor or another party results in a birth injury to the child, the family should receive fair compensation for medical expenses and future care. Attorneys work with experts to build an action plan that fulfills the four elements of an legal claim.

The lawsuit starts with the filing of the summons and complaint with the attorney representing the plaintiff. The case goes through an investigation period, during which attorneys exchange information and take depositions.

Statute of limitations

Like any personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a certain period of time, also known as the statute of limitations. When this window is over the family members and victims could lose their right to financial compensation for losses resulting from medical negligence.

A doctor or nurse who does not meet the requirements of medical care is considered to be accountable for medical malpractice. In many states, this standard includes practicing within the scope of their education, training and experience. Obstetricians and medical professionals are held to even higher standards because of their unique training and special knowledge.

Lawyers often require medical experts to testify on behalf of their clients regarding the quality of care. Experts can examine case files and take depositions to justify claims of negligence.

Expert witnesses can also distinguish between malpractice and errors. A mistake, for example, is an error which any competent and reasonably skilled medical professional could have made under the circumstances. However, the mistake caused harm. In contrast, malpractice, on hand, is more serious and involves the deliberate act or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims get an adequate amount of compensation for their injuries.

A family may file a birth injury lawsuit against private parties, such as obstetricians or hospitals, for negligence that leads to children's medical issues. Families may also file a wrongful-death claim when the birth defect is severe enough to result in the death of a child.

Medical Records

It can be difficult to submit a claim if or someone you know has suffered an illness that was born. A medical malpractice or personal injury attorney will assist you in gathering the necessary documentation and evidence to increase your chances of obtaining financial compensation owed.

A successful birth injury claim relies on establishing four essential elements of medical malpractice that include duty of care, breach of this duty, causation, and damages. A knowledgeable lawyer will work with you and your family in order to establish these elements using medical records and other evidence including expert testimony.

In a medical negligence case, a physician is generally liable for his or her actions within the scope of their employment. However, a hospital could be held vicariously responsible for the negligent actions of its employees if they are acting within the context and extent of their duties.

Based on the nature of the injuries your child sustains, they could require medical and life-care treatments for the rest of his or her life. This can entail a lot of costs, such as hospital stays in addition to additional procedures and surgeries and medications, in-home caregivers equipment, as well as other services.

A birth injury lawsuit can take a long time to resolve. However, a skilled legal team will expedite this process by examining all evidence and present it to you as quickly as possible. The majority of birth injury lawyer injury lawyers offer free initial consultations and contingency fee arrangements, which means you don't have to pay any attorney's fees while the lawsuit is pending in the event that they are able to win compensation for you.

Expert Witnesses

The medical expert witness is an invaluable source of information for judges and jury. The expert can examine the particular case and determine which elements are significant clinically. This allows the attorneys to more effectively focus their arguments and discuss only the relevant aspects. The expert can also translate medical and scientific terminology into a clear format for the jury.

In order to establish the merits of a lawsuit, four elements must be proven: negligence, breach, causation, and damages. To prove this, New York birth injury lawyers can use the medical records and other evidence. They can name as defendants any medical providers involved in the care or delivery of the child including the hospital or institution in which the birth occurred. They could also be required to identify the mother, or any other family member who was present during the birth.

After the lawsuit is filed, the parties will go through a process of filing motions, hearings, and discovery. This involves the exchange of medical records as well as other information between the two sides. The discovery process can take up to a year or more. In this time, the parties usually try to reach a settlement. If a settlement is not reached, the case is sent to trial. This can last for several years, however many cases settle faster.

Damages

The lawsuit process involves building an argument to seek financial compensation. Your lawyer must be able to construct a strong case, and then undergo trial if necessary. Your lawyer typically advances the entire cost of a lawsuit and only gets paid attorneys' fees if they can recover money for you.

The birth injury lawsuit process begins with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. The hospitals, doctors and other medical facilities become defendants. Once the lawsuit is filed, there are a number steps that must be taken. This is when attorneys share information, exhibits and depose witnesses.

The most important aspect of a birth injury lawsuit is to establish the causality. This means you have to show that the medical professional acted in breach of their duty and, if they had not then your child wouldn't have suffered an injury.

The other major aspect of a legal action for birth injuries is proving damages. Your lawyer will seek out experts to determine the totality of your losses ranging from medical expenses and lost income, to lifelong care and emotional stress. Your lawyer can also try to strengthen your claim by submitting results from other malpractice cases that resulted in similar injuries. Lastly, your lawyer will consider the current status of the laws applicable to your particular accident, including whether the noneconomic damage cap applies.