Four Parts of a Legal Claim

If a hospital or doctor causes a birth injury, the family that is affected deserves an adequate amount of compensation to pay for medical expenses and to ensure the future of their child. Attorneys and experts work together to build an action that fulfills four legal requirements.

The lawsuit begins when the attorney for the plaintiff submits a summons as well as a complaint with the court. The case is then subject to an investigation phase, where attorneys exchange information, including depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specified window of time called the statute of limitations. When this time frame expires, the family and victims may not be able to obtain financial compensation from medical malpractice.

A doctor or nurse who fails to meet the requirements of medical care is considered to be negligent in their medical practice. In many states, this includes practicing within the scope of their education and training as well as their experience. Due to their unique qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often request medical experts to testify on behalf of their clients on the quality of care. Experts can examine case files and conduct depositions to support allegations of negligence.

Expert witnesses are also able to distinguish between malpractice and errors. A mistake, for example, is an error which any competent and reasonably skilled medical professional could have committed in the circumstances. However, the error caused harm. Malpractice is a more grave issue, and is a deliberate action or omission that results in harm. The majority of birth injury lawyers utilize both theories to ensure that victims receive fair compensation.

A family can bring a lawsuit against a private person such as an obstetrician's office or hospital for negligence that results in medical issues for children. Families may also bring a wrongful-death claim when a severe birth defect results in the death of a child.

Medical Records

It can be a challenge to submit a claim if or someone you know is suffering from a birth defect. A medical lawyer, or a personal injury attorney will assist you in gathering the required documentation and evidence to increase your chances of obtaining the financial compensation you are due.

A successful birth injury law firms injury case relies on establishing the four key elements of medical malpractice that include duty of care, breach of duty, causation, and damages. A competent lawyer will work with you and your family in order to establish these elements by using medical documents and other evidence, including expert testimony.

In a medical negligence case an individual physician is generally liable for his or her actions in the scope of their duties. A hospital could be held vicariously accountable for the negligence of its employees, as long as they were acting within their scope of their work.

Based on the nature of the injuries your child sustains, they may require medical or life-care services for the rest of their lives. This can entail a lot of expenses, such as hospital stays as well as additional surgeries and procedures medication, in-home carer, equipment, and other services.

The litigation process for cases involving birth injuries may take years to finish, however, a skilled legal team can expedite the process by carefully scrutinizing all the evidence and providing it to you quickly. A majority of birth injury lawyers provide free consultations for initial consultations, and they also have contingency fee agreements. This means that you will not be charged any attorney's charges during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness can be an important source of information for judges and jury. The expert is able to look over the specific situation and identify the elements that are clinically significant. This allows attorneys to better focus their arguments and to discuss only what is relevant. Experts can also translate medical and scientific terms into a format that is simple to understand for jurors.

To be able to prove the viability of a lawsuit, four things must be proven: negligence breach, causation, and damages. To prove this, New York birth injury lawyers can use the medical records as well as other evidence. They can identify 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 occurred. They may also have to identify the mother and any other family members present during the delivery.

After the lawsuit has been filed the parties will go through a process of filing motions, hearings, and discovery. The exchange of medical records as well as other records is part of the discovery process. The discovery period can be as long as a full year. In this time, the parties usually try to come to an agreement. If no settlement is reached the case will go to trial. This could last for a few years, although many cases settle faster.

Damages

The lawsuit process starts with the creation of a case to seek financial compensation. Your lawyer should be able to construct a strong case, and then be able to go through trial if needed. Your lawyer will generally cover all costs associated with litigation and will receive fees for attorneys only if you recover money.

Your lawyer will submit a Summons and Complaint in the county court where the injury occurred. Hospitals, doctors, and other providers of medical treatment become defendants. Once the lawsuit is filed, a variety of steps are carried out, including discovery. This is a step during which attorneys exchange information and evidence, such as taking depositions or sworn testimony from witnesses.

Causation is one of the key elements of a birth injury lawsuit. This means that you must show that the medical professional acted in breach of their duty, and if they hadn't the child would not have suffered an injury.

The second major aspect of an action for birth injury is proving damages. Your lawyer will consult with experts to determine the total extent of your losses, from medical bills and loss of income to life-long care costs and emotional distress. Your lawyer could also seek to support your claim by providing the results of other malpractice cases that have similar injuries. Additionally the lawyer will be able to consider the current status of the laws applicable to your particular injury, such as whether the noneconomic damage cap is applicable.