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Four Parts of a Legal Claim

If a doctor, hospital or other party causes a birth injury to a child, the family should receive fair compensation for medical expenses and future support. Attorneys work with experts to construct a case that satisfies four parts of a legal claim.

The lawsuit begins when the plaintiff's attorney files a summons and complaint with the court. The case goes through a discovery period, where attorneys exchange information and conduct depositions.

Statute of Limitations

Birth injury lawsuits must be filed within a certain time frame called the statute of limitations. After the time limit expires, families and victims might not be able to claim financial compensation from medical malpractice.

Medical malpractice refers to a doctor or nurse not performing in accordance with standards of medical care. In many states, this includes practicing within the confines of their education and training, as well as experience. Medical specialists like obstetricians are held to even higher standards because of their unique training and knowledge.

Lawyers often seek proof of the standard of medical care from experts who be witnesses on behalf of clients. The experts can review the case files and conduct depositions to prove allegations of negligence.

Expert witnesses can also differentiate between malpractice and mistakes. For instance mistakes are an error that any reasonably competent and skilled medical professional could have made under the circumstances, but the error caused harm. Malpractice is a more serious matter and requires a deliberate action or omission that results in harm. Most birth injury attorneys plead both theories to ensure that victims receive fair compensation for their injuries.

A family can make a birth injury claim against private parties, such as obstetricians or hospitals, for negligent actions that result in the child's medical conditions. Families can also file a wrongful death claim in cases where an extreme birth injury results in a child's untimely death.

Medical Records

If you or someone you know suffered birth injuries, submitting claims can be a bit difficult. A medical lawyer, or a personal injury attorney can help you gather the necessary documentation and proof to increase your chances of receiving the financial compensation due.

A successful birth injury claim relies on establishing four essential elements of medical malpractice: duty of care, breach of this duty, causation and damages. A skilled lawyer will collaborate with your family members to determine these elements based on medical documents and other evidence including expert testimony.

In a medical malpractice case an individual physician is generally liable for his or her actions within the scope of their job. A hospital can be held vicariously accountable for the wrongful actions of its employees, as long as they were acting within the confines of their job.

Depending on the nature of the injuries your child sustains, they could require medical or life-care treatments for the rest of his or her life. This could mean a lot of expenses, including hospitalization as well as additional surgeries and procedures and medications, home care, equipment and other services.

The process of litigation for a birth injury case can take years to complete however, a seasoned legal team can speed up the process by carefully reviewing all the evidence and providing it to you on time. Most birth injury attorneys offer free consultations for initial consultations, and they also have contingency fee agreements. This means that you won't be charged any attorney's fees during the litigation process unless you receive compensation.

Expert Witnesses

The medical expert witness is an important source of information for the judge and jury. This expert can review the case and determine which aspects are crucial to the clinical. This allows lawyers to focus their arguments on what is crucial and only address pertinent questions. The expert can also translate scientific and medical terms into a format that is easy to understand for jurors.

To prove a successful lawsuit, four things have to be proved: negligence breach, causation and damages. New York birth injury attorneys can use medical records as well as other proof to demonstrate this. They can identify as defendants all medical providers who were involved in the treatment of the child and the birth including the hospital in which the birth took place. They may also need to identify the mother and any other family members present during the delivery.

Once the lawsuit is filed after which the parties proceed with filing motions, hearings and discovery. The exchange of medical records, among other things, is part of the discovery process. The discovery period may last up to a full year. During this time, the parties usually try to negotiate a settlement. If a settlement cannot be reached the case will go to trial. The process can take several years, but a lot of cases are settled earlier.

Damages

The process of filing a lawsuit begins with making a case for financial compensation. Your lawyer should have the necessary resources to create a solid case and take it to 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 collect money.

The birth injury lawsuit process begins with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. Doctors, hospitals and other medical services become defendants. Once the lawsuit has been filed, a variety of steps are taken, including discovery. This is the time when attorneys share information, exhibits and obtain depositions from witnesses.

A crucial element in a birth injury lawsuit is showing causation. You must show that a medical professional did not fulfill their obligation and that your child would not be hurt if they had not.

Proving damages is another important element of a legal case for birth injury. Your lawyer will consult experts to determine the complete amount of your losses, from medical expenses and loss of income to ongoing care costs and emotional stress. Your lawyer could also seek to bolster your claim by submitting the results of other malpractice cases involving similar injuries. In addition the lawyer will be able to consider the current state of the law for your type of injury, such as whether the noneconomic damage cap applies.