Four Parts of a Legal Claim

When a doctor or hospital causes a birth injury, the family affected should receive fair compensation to cover medical expenses and provide for their child's future. Attorneys and experts work together to build a case which meets four legal requirements.

The lawsuit begins when the attorney representing the plaintiff files a summons and complaint with the court. The case goes through an initial period of discovery in which attorneys exchange information, which includes depositions.

Statute of Limitations

Like the majority of personal injury lawsuits, birth injury cases must be filed within a certain window of time called a statute of limitations. After this time, victims and families may lose the chance to claim financial compensation for injuries resulting from medical malpractice.

Medical malpractice is the result of a doctor or nurse who fails to perform according to the standards of medical care. In many states, this means working within the boundaries of their education and training, as well as experience. Due to their unique qualifications, medical specialists such as obstetricians also have higher standards.

Lawyers often seek proof of the standards of medical care from experts who can provide testimony on behalf of clients. Experts can review the case records or take depositions of the key witnesses to help support claims of negligence.

Expert witnesses can also distinguish between malpractice and mistakes. For example, a mistake is an error that any competent and skilled medical professional could have made in the circumstances, however the error caused harm. Malpractice, on the other the other hand, is more serious and involves an intentional act or omission that causes harm. The majority of birth injury lawyers argue both theories to ensure that victims receive the right amount of compensation for their injuries.

A family may bring a lawsuit against a private person such as an obstetrician or a hospital, for negligence that results in medical problems for a child. Families can also file a wrongful death claim if a severe birth injury law firm defect results in the death of the child.

Medical Records

If you or someone you care about suffered an injury during birth, filing an action can be difficult. A medical negligence or personal injury lawyer will assist you in gathering the necessary documentation and proof to increase your chances of receiving the financial compensation you are due.

A successful birth injury claim relies on establishing the four primary elements of medical negligence which are duty of care breach of duty, causation, as well as damages. A competent lawyer will work with you and your family in order to establish these elements utilizing medical documents and other evidence such as expert testimony.

In a medical malpractice case an individual physician is generally accountable for his or her actions in the scope of their job. However, a hospital could also be held vicariously responsible for the actions of its employees when they are acting within the context and nature of their work.

Depending on the nature of your child's injuries they could require medical and birth injury lawyers life-care treatments for the rest of their lives. This can mean a great deal of expenses, including hospital stays, additional surgeries and Birth injury Lawyers procedures as well as medications such as home care, medical equipment, and other services.

The process of bringing cases involving birth injuries can take a long time to complete, but an experienced legal team can speed up the process by carefully examining all of the evidence and providing it to you on time. Most birth injury lawyers offer free initial consultations and contingency fee agreements, which means that you do not 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 the judge and jury. The expert can analyze the case and determine what aspects are clinically significant. This allows the lawyers to focus their arguments on the important and only focus on the pertinent issues. Experts can also translate scientific and medical terms into an format that is easy to understand for jurors.

To establish a case for a successful lawsuit, four things 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 list as defendants all medical professionals who were involved in the care of the child as well as the delivery, including the hospital where the delivery took place. They might also be required to identify the mother and any other family members who were present during the birth.

After the lawsuit is filed, the parties will have to go through the motions, hearings and discovery procedures. This includes the exchange of medical records as well as other information between the two parties. The discovery process can be as long as a full year. In this time, parties usually try to come to an agreement. If a settlement isn't reached, the case is sent to trial. This process can take several years, however many cases are settled earlier.

Damages

The process of suing involves constructing a case to seek financial compensation. Your lawyer must have the resources to construct a solid case and be able to go through trial if needed. Your lawyer will generally cover all litigation expenses and receives fees for legal services only if you recover money.

The birth injury lawsuit process begins with your lawyer filing an Summons and Complaint with the court in the county where the incident occurred. Doctors, hospitals and other providers of medical treatment become defendants. After the lawsuit is filed there are a variety of actions that occur. This is where attorneys exchange information, documents and obtain depositions from witnesses.

A key element in a birth injury lawsuit is showing the causality. You must prove that a medical professional did not fulfill their duty and that your child would not be injured if they did not.

Proving damages is another crucial aspect of a legal action for birth injuries. Your lawyer will work with experts to determine the totality of your losses - from medical bills and loss of income to the cost of care for your entire life and emotional distress. Your attorney could also try to strengthen your claim by submitting the results of other malpractice cases involving similar injuries. Your lawyer will also look at the law that applies to your specific injury, and will determine whether the noneconomic damages cap is applicable.