Four Parts of a Legal Claim

If a doctor or hospital causes a birth trauma, the affected family deserves fair compensation to cover medical costs and to ensure the future of their child. Attorneys and experts work together to build a case which meets four legal requirements.

The lawsuit starts by filing an accusation and summons by the lawyer representing the plaintiff. The case goes through an investigation phase, where attorneys exchange information, including depositions.

Statute of Limitations

Like any personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within an established period of time known as the statute of limitations. After this time-frame expires, both the victim's family and their loved ones may lose the chance to claim financial compensation from medical malpractice.

Medical malpractice refers to a doctor or nurse who fails to act in accordance with the standard of care. In many states, this means practicing within the scope of their education, training and experience. Due to their special qualifications, medical specialists such as obstetricians, for instance, have higher standards.

Lawyers often seek medical experts to testify for their clients regarding the quality of care. Experts can review dossiers of the case and take depositions to justify allegations of negligence.

Expert witnesses can also differentiate between malpractice and errors. For instance a mistake is an error that any skilled and competent medical provider could have made under the circumstances, but the mistake caused harm. Medical malpractice, on the other side, is more severe and is a deliberate act or omission that results in harm. Most birth injury attorneys plead both theories to ensure that victims receive the right amount of compensation for their injuries.

A family may make a birth injury claim against private parties, such as obstetricians or hospitals, for negligent actions that result in the medical issues of a child. Families may also file a wrongful-death claim in cases where an injury to the birth canal is severe enough to result in a child's death.

Medical Records

If you or someone you know suffered an injury to their birth, filing claims can be a bit difficult. A medical lawyer, or a personal injury attorney can assist you in gathering the necessary documentation and evidence to increase your chances of receiving the financial compensation you are due.

A successful birth injury claim is based on establishing the four primary elements of medical malpractice which are duty of care breach of this duty, causation, as well as damages. A knowledgeable lawyer will work with you and your family to establish these elements utilizing medical documents and other evidence, including expert testimony.

In a case of medical malpractice, a physician is generally accountable for their actions within the confines of their duties. A hospital can be held vicariously liable for the actions of its employees, provided they were acting within their scope of their work.

Depending on the injury your child sustained that they sustained, they could require medical or life-care throughout their lives. This can result in a large amount of costs, including hospital stays or additional surgeries medication, home care, equipment and birth injury lawsuit other services.

The process of litigation for a birth injury case can take years to finish, however, a skilled legal team can expedite the process by carefully scrutinizing all of the evidence and providing it to you on time. 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 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 judges and jury. The expert is able to review the specific case and determine which elements are crucial to the clinical process. This allows the lawyers to concentrate their arguments on the most important aspects and only focus on the pertinent issues. The expert can also translate the scientific and medical terminology into a clear format for the jury.

For a lawsuit to be successful, there must be four elements that must be proved: negligence, breach of duty, causation, and damages. To prove this, New York birth injury lawyers can make use of medical records as well as other evidence. They can identify as defendants all medical providers who were involved in the treatment of the child and the delivery as well as the hospital where the delivery occurred. They might also be required to identify the mother's name and any other family members present during the birth.

After the lawsuit is filed the parties will need to go through the motions, hearings, and discovery process. The exchange of medical records as well as other records is part of the discovery process. The discovery period can take up to 1 year or more. During this time, the parties usually try to reach a settlement. If a settlement cannot be reached, the case goes to trial. The trial could last for many years, however many cases settle much sooner.

Damages

The lawsuit process begins with the creation of a case to seek financial compensation. Your lawyer must have the resources to build an effective case and undergo trial if necessary. Your lawyer will generally cover all litigation expenses and receives attorney's fees only if you collect money.

Your lawyer will prepare a Summons and Complaint in the county court where the injury happened. Hospitals, doctors, and other medical treatment become defendants. After the lawsuit is filed, a number of steps are taken, including discovery. This is when attorneys share information, exhibits and obtain depositions from witnesses.

The most important aspect of a birth injury lawsuit is the ability to prove the causality. You must show that a medical professional did not fulfill their duty and that your child wouldn't be hurt if they had not.

The second major aspect of an action for birth injury is the proof of damages. Your lawyer will talk to experts to determine the total range of your losses, from medical expenses and loss of income to lifetime care costs and emotional stress. Your lawyer may also try to support your claim by providing the results of other malpractice cases involving similar injuries. Finally your lawyer will look at the current state of the law for your specific injury, including whether the noneconomic damage cap applies.