Four Parts of a Legal Claim

If a hospital, doctor or any other entity results in a birth injury to the child, the family is entitled to fair compensation for medical expenses as well as future support. Attorneys and experts work together to build a case that meets four legal requirements.

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

Statute of limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a certain time frame, which is known as the statute of limitations. If this window runs out the family members and victims could be denied financial compensation for the damages resulting from medical malpractice.

Medical malpractice involves a doctor or nurse who fails to act in accordance with the standards of care. In a number of states, the norm is to practice within their limits of education, training and experience. Obstetricians and medical doctors are held to higher standards due to their unique training and special expertise.

Lawyers often seek proof regarding the standard of care from medical experts who can be witnesses on behalf clients. Experts can examine case files and conduct depositions in support of allegations of negligence.

Expert witnesses can also differentiate between errors and malpractice. For instance mistakes are an error that any reasonably competent and skilled medical professional could have made under the circumstances, but the mistake resulted in harm. The other, more serious form of malpractice, on the other hand, is more serious and involves a deliberate act or omission that results in harm. Most birth injury lawyers apply both theories to ensure that victims get the right amount of compensation.

A family may make a birth injury claim against private parties, such as hospitals or obstetricians for negligent actions that result in children's medical issues. Families can also file wrongful-death claims when an unforgiving birth defect results in the death of a child.

Medical Records

It can be a challenge to make a claim if you or someone you know has suffered a birth defect. A medical lawyer, or a personal injury attorney can assist you in obtaining the required documentation and evidence to increase your chances of receiving the financial compensation you are due.

A successful claim for birth injury is based on the establishing of four key elements: duty of care; breach of this duty; causation and damages. A skilled lawyer can assist your family in identify these elements on the basis of medical records and other evidence including expert testimony.

In a case of medical malpractice in general, a doctor is accountable for his or her actions within the scope of their work. A hospital could be held vicariously responsible for the wrongful actions of its employees, provided they were acting within the context of their work.

Depending on the severity of your child's injuries they may require medical or life-care services for the rest of his or her life. This can mean a great deal of expenses, Birth Injury Lawsuits including hospital stays as well as additional surgeries and procedures and medications for home care, equipment and other services.

The litigation process for a birth injury lawsuits injury case can take years to complete however a knowledgeable legal team can speed up the process by carefully examining all the evidence and then delivering it to you on time. Many birth injury lawyers provide free consultations for initial consultations as well as contingency fee agreements, which means you will not have to pay any attorney's fees while the lawsuit is pending as long as they get compensation for you.

Expert Witnesses

The medical expert witness gives important information to the jury and judge. This expert is able to analyze the particular case and recognize what elements are important clinically. This allows lawyers to concentrate their arguments on the most important aspects and only discuss pertinent issues. The expert is also able to translate the scientific and medical terminology into a clear format for the jury.

In order for a lawsuit to be successful, there are four parts to be proved: negligence breach of duty, causation, and damages. New York birth injury attorneys can make use of medical records and other proof to show this. They can name as defendants all medical providers involved in the care and birth of the child, including the hospital or institution in which the delivery occurred. They may also be required to identify the mother, or any other family member who was present at the birth.

Once the lawsuit has been filed the parties will need to go through the motions, hearings, and discovery procedures. The exchange of medical records in addition to other documents, is a part of the discovery process. The discovery phase can be as long as a full year. In this time, parties usually try to come to an agreement. If no settlement is reached, the case will go to trial. The process can take several years, but most cases are settled earlier.

Damages

The process of a lawsuit involves the creation of the case to pursue financial compensation. Your lawyer needs the necessary resources to create an effective case and carry it all the way to trial, if needed. Your lawyer will generally advance all costs of litigation. They will also receive attorney's fees 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 injury occurred. Hospitals, doctors, and other medical treatment become defendants. After the lawsuit has been filed there are several procedures that are followed. This is the stage where attorneys exchange information, evidence and take depositions from witnesses.

The most important aspect of a birth injury lawsuit is showing the causation. This means that you must establish that the medical professional did not fulfill their duty and, if they had not, your child would not have suffered an injury.

The second major aspect of a birth injury legal action is the proof of damages. Your lawyer will work with experts to assess all of your losses ranging from medical expenses and lost income to the cost of care for your entire life and emotional distress. Your attorney may also seek to bolster 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 particular injury, such as whether the noneconomic damages cap is applicable.