Four Parts of a Legal Claim

When a doctor, hospital or another party causes a birth injury to a child, the family is entitled to fair compensation for medical expenses and future support. Attorneys collaborate with experts to create an appeal that meets the four components of a legal claim.

The lawsuit begins when the plaintiff's attorney submits a summons as well as a complaint with the court. The case is subject to an investigation period, during which attorneys exchange information and take depositions.

Statute of limitations

Birth injury lawsuits must be filed within the timeframe known as the statute of limitations. After the time limit expires, both the victim's family and their loved ones may not be able to obtain financial compensation from medical negligence.

A doctor or nurse who fails to meet requirements of medical care is considered to be negligent in their medical practice. In a number of states, the standard is to practice within the limits of education, training and experience. Because of their special qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often seek evidence of the standard of care from medical experts who provide testimony on behalf of clients. Experts may review the case files or conduct depositions of key witnesses in order to assist in proving negligence claims.

Expert witnesses are also able to distinguish between mistakes and malpractice. For instance, a mistake is an error birth injury lawsuit that any reasonably competent and skilled medical professional could have made under the circumstances, but the mistake resulted in harm. The issue of malpractice is more grave issue, and is a deliberate action or omission that causes harm. The majority of birth injury attorneys argue both theories to ensure victims get an adequate amount of compensation for their injuries.

A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians, for careless actions that cause the child's medical conditions. Families may also file a wrongful death claim if an injury to the birth canal is severe enough to result in a child's death.

Medical Records

If you or someone you care about suffered an injury during birth, filing an action can be difficult. A personal injury and medical malpractice attorney can help you gather the required documentation and evidence to increase your chances of winning financial compensation that is owed.

A successful birth injury claim depends on establishing the four primary elements of medical negligence such as duty of care, breach of duty, causation, and damages. A skilled lawyer will work with you and your family in order to establish these elements by using medical records and other evidence like expert testimony.

In a case of medical malpractice, doctors are typically accountable for the actions they take during their duties. However, hospitals can also be held vicariously responsible for the negligent actions of its employees if they are acting within the context and scope of their employment.

Depending on the severity of your child's injuries, they could require medical and life-care services for the remainder of their lives. This could lead to a great deal of costs, such as hospital stays as well as additional surgeries and procedures and medications, in-home caregivers equipment, as well as other services.

The litigation process for cases involving birth injuries can take years to complete however a knowledgeable legal team can speed up the process by carefully scrutinizing all the evidence and delivering it to you on time. A majority of birth injury lawyers provide free initial consultations and contingent fee agreements, which means you don't have to pay any attorney's fees as the lawsuit continues unless they win compensation for you.

Expert Witnesses

The medical expert witness is a valuable source of information for judges and jury. This expert is able review the specific case and identify which aspects are clinically significant. This allows lawyers to better focus their arguments and to discuss only the relevant aspects. Experts can also translate scientific and birth injury lawsuit medical terms into a format that is simple to understand for jurors.

To be successful, there must be four parts to be proven: negligence breach of duty, causation and damages. New York birth injury attorneys can make use of medical records and other evidence to prove this. They can name as defendants all medical providers who were involved in the treatment of the child and the birth injury lawyer including the hospital in which the delivery occurred. They may also have to identify the mother or any other family member who was present during the birth.

After the lawsuit has been filed the parties will proceed with 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 1 year or more. In this time, parties often try to reach an agreement. If no settlement can be reached, the case goes to trial. This can take a few years, but a lot of cases are settled earlier.

Damages

The process of filing a lawsuit involves creating a case to seek financial compensation. Your lawyer must have the resources to construct a strong case, and then go through trial if necessary. Your lawyer will generally cover all litigation expenses and receives attorney's fees only if they recover money.

Your lawyer will prepare an Summons and Complaint in the county court where the incident occurred. The doctors, hospitals and other medical professionals become defendants. Once the lawsuit is filed, a variety of steps are taken, including discovery. This is the time when attorneys exchange information, provide evidence and obtain depositions from witnesses.

Causation is one of the key elements of a birth injury lawsuit. This means you have to show that the medical professional violated their duty and if they hadn't then your child wouldn't have suffered an injury.

The proof of damages is a crucial aspect of a lawsuit for birth injuries. Your lawyer will seek out experts to assess all of your losses, from medical expenses and lost income, to lifelong care and emotional distress. Your lawyer could also attempt to support your claim by submitting the results of other malpractice cases that involved similar injuries. Your lawyer will also look at the current laws applicable to your type injury, including whether the noneconomic damages cap applies.