Four Parts of a Legal Claim

If a doctor, hospital or other party causes a birth injury to the child, the family is entitled to fair compensation for medical expenses and future support. Experts and attorneys collaborate to create a case which meets four legal requirements.

The lawsuit begins when the attorney representing the plaintiff is required to file a summons or complaint with the court. The case goes through a discovery phase, during which attorneys exchange information and take depositions.

Statute of limitations

Birth injury lawsuits must be filed in a specific time period, known as the statute of limitations. After this time period expires, families and victims may not be able to receive financial compensation resulting from medical negligence.

Medical malpractice is the result of a doctor or nurse failing to perform in accordance with standards of care. In a number of states, the norm is to practice within their limitations of training, education and experience. Obstetricians and medical professionals are held to higher standards due to their special training and knowledge.

Lawyers often seek proof of the standards of medical expertise from experts who can be witnesses on behalf clients. Experts are able to review case files and conduct depositions to justify allegations of negligence.

Expert witnesses can also tell between malpractice and mistakes. A mistake, for instance, is an error which any competent and reasonably skilled medical professional could have committed in the circumstances. However, the mistake resulted in harm. Malpractice is a more serious issue and involves a deliberate action or omission which causes harm. Most birth injury attorneys plead both theories to ensure victims get the right amount of compensation for their injuries.

A family can sue a private company like an obstetrician or a hospital, for negligence that causes health issues for a child. Families may also file a wrongful death claim in cases where an extreme birth injury results in a child's wrongful death.

Medical Records

It can be a challenge to start a claim when you or someone you know has suffered a birth defect. A medical malpractice and personal injury lawyer can help you gather the required documentation and evidence to improve your chances of winning the financial compensation due.

A successful claim for birth injury is contingent on establishing four crucial elements that include 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 using medical records and other evidence like expert testimony.

In a medical negligence case in general, a doctor is liable for his or her actions in the scope of their employment. However, a hospital can also be held vicariously responsible for the negligent actions of its employees if they are acting within the context and nature of their work.

Depending on the severity of your child's injuries they may require medical or life-care services for the remainder of his or her life. This could lead to a great deal of expenses, like hospital stays as well as additional surgeries and procedures as well as medications, caregivers at home, equipment, and other services.

A lawsuit involving a birth injury can take years to resolve. However, an experienced legal team will expedite this process by examining all evidence and present it to you as quickly as it is possible. Most birth injury attorney injury attorneys offer free initial consultations, and they also have contingency fee agreements. This means that you won't be charged attorney's fees during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness is a valuable source of information for the judge and jury. This expert is able to review the specific case and identify which aspects are important clinically. This allows lawyers to concentrate their arguments on what is important and only discuss pertinent questions. The expert can also translate medical and scientific terms into a format that is easy to understand for jurors.

To establish a case for a successful lawsuit, four things must be proved: negligence, breach, causation, and damages. New York birth injury attorneys can use medical records as well as other evidence to prove this. They can list as defendants all medical practitioners who were involved in the care of the child and the delivery as well as the hospital where the delivery occurred. They could also be required to name the mother or any other family member who was present at the birth.

When the lawsuit is filed the parties will go through a process of filing motions, hearings and discovery. The exchange of medical records along with other information is part of the discovery process. The discovery process can last up to 1 year or more. During this period, the parties will usually attempt to reach a settlement. If no settlement is reached the case will proceed to trial. The trial could last for birth injury attorneys many years, though many cases settle faster.

Damages

The process of filing a lawsuit begins with creating a case for financial compensation. Your lawyer must have the resources to build an effective case and be able to go through trial if needed. Your lawyer will generally advance all costs of litigation. They will also receive attorney's fees only if they recover money.

Your lawyer will file an Summons and Complaint in the county court where the injury happened. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit is filed, a number of steps occur including discovery. This is a step during which the attorneys exchange documents and information, as well as taking depositions and sworn statements from witnesses.

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

Proving damages is another important aspect of a lawsuit for birth injury. Your lawyer will work with experts to assess the full extent of your losses, from medical bills and income loss to ongoing care costs and emotional anxiety. Your attorney may also seek to prove your case by submitting the results of other malpractice cases that have similar injuries. Additionally your lawyer will look at the current state of the laws applicable to your particular injury, such as whether the noneconomic damage cap applies.