Four Parts of a Legal Claim

When a doctor, hospital or other party causes birth injuries to an infant, the family must be compensated for medical expenses as well as future support. Attorneys work with experts to build an action plan that fulfills the four elements of an legal claim.

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

Statute of Limitations

Birth injury lawsuits must be filed in the timeframe known as the statute of limitations. When this time frame expires, both the victim's family and their loved ones could lose the opportunity to receive financial compensation resulting from medical malpractice.

A doctor or nurse who fails to meet standards of care is deemed to be in the wrong for medical malpractice. In many states, this means performing within the limits of their education or training and experience. Because of their special training, medical specialists such as obstetricians have even higher standards.

Lawyers often request medical experts to testify for their clients regarding the quality of medical care. Experts may review the case file or conduct depositions of the key witnesses to provide evidence to support claims of negligence.

Expert witnesses are able to identify between errors and malpractice. For instance errors are an error that a reasonably skilled and competent medical provider could have made under the situation, but the error resulted in harm. Medical malpractice is a more serious issue and involves a deliberate action or omission causing 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 party, such as an obstetrician or a hospital, for negligence that results in medical problems for a child. Families can also file a wrongful death claim if the severe birth defect results in the death of a child.

Medical Records

If you or someone you love suffered a birth injury, filing an action can be difficult. A personal injury and medical malpractice attorney can help you gather the necessary evidence and documentation to increase your chances of winning the financial compensation you are owed.

A successful birth injury case relies on establishing the four main elements of medical malpractice which are duty of care breach of this obligation, causation, and damages. A competent lawyer will work with you and your family to establish these elements by using medical documents and other evidence such as expert testimony.

In a medical malpractice case the doctor is usually accountable for their actions within the confines of their job. A hospital could be held vicariously responsible for the negligence of its employees, as long as they were acting within the scope of their job.

Depending on the injury your child sustained, he or she may require medical and life-care assistance for the rest of their lives. This can mean a great deal of expenses, including hospitalization as well as additional surgeries and procedures and medications and home care, as well as equipment, and other services.

A birth injury lawsuit could take many years to resolve. However, a seasoned legal team will speed up the process by reviewing all evidence and providing it to you as quickly as possible. Most birth injury attorneys offer free consultations for initial consultations, and they also offer contingency fee agreements. This means that you will not be charged any attorney's fees during the litigation process unless you win compensation.

Expert Witnesses

The medical expert witness can provide important information to the jury and judge. The expert is able to examine the particular case and identify which aspects are significant clinically. This allows attorneys to more effectively focus their arguments and only discuss the relevant aspects. Experts can also translate medical and scientific terms into an format that is easy to understand for the jury.

To be successful, there must be four elements that must be proved: negligence, breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other evidence to show this. They can name as defendants any medical professional who were involved in the care of the child as well as the birth including the hospital in which the birth took place. They may also need to identify the mother or any other family member who was present at the birth.

After the lawsuit has been filed, the parties will have to go through the motions, hearings, and the discovery process. The exchange of medical records along with other information is a part of the discovery process. The discovery process can take up to 1 year or more. During this time, the parties typically try to come to an agreement. If a settlement is not reached the case will go to trial. This could last for a few years, although many cases settle faster.

Damages

The lawsuit process involves building the case to pursue financial compensation. Your lawyer should have the resources to build an effective case and go through trial if necessary. The lawyer you hire will typically advance all costs associated with litigation and will receive fees for legal services only if you are able to recover funds.

Your lawyer will prepare an Summons and Complaint in the county court in which the injury occurred. The hospitals, doctors as well as other medical providers are defendants. Once the lawsuit is filed, a number of steps occur including discovery. This is an event during which attorneys exchange information and evidence, such as taking depositions or sworn statements from witnesses.

Causation is a key element of a birth injury suit. You must show that a medical professional did not fulfill their obligation and that your child wouldn't be injured if they had not.

The other main aspect of an action for birth injury lawyers injury is the proof of damages. Your lawyer will consult experts to determine your losses, from medical bills and lost income, to lifelong care and emotional stress. Your lawyer can also try to strengthen your claim by submitting evidence from other malpractice cases that have similar injuries. Your lawyer will also take into consideration the current law for your particular injury, such as whether the noneconomic damages cap is applicable.