Four Parts of a Legal Claim

If a doctor, hospital or other party causes a birth injury lawyer injury to a child, the family should receive fair compensation for medical expenses and future care. Attorneys work with experts to build an argument that is able to satisfy the four elements of a legal claim.

The lawsuit begins with the filing of a summons and complaint by the plaintiff's lawyer. The case then goes through a period of discovery, where attorneys exchange information, which includes 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, the family and victims may lose the chance to obtain financial compensation from medical malpractice.

Medical malpractice involves a doctor or nurse failing to perform in accordance with the standards of medical care. In many states, this means practicing within the confines of their education or training and experience. Obstetricians, medical specialists, and other doctors are held to higher standards due to their unique training and specialized expertise.

Lawyers often seek proof of the standards of medical expertise from experts who provide testimony on behalf of clients. Experts can review cases and conduct depositions to support claims of negligence.

Expert witnesses can also tell between malpractice and errors. A mistake, for example is an error that any competent and reasonably skilled medical provider could have made under the circumstances. However, the mistake caused harm. Medical malpractice, on the other however, is more dangerous and involves the deliberate act or omission that causes harm. The majority of birth injury lawyers argue both theories to ensure victims get an adequate amount of compensation for their injuries.

A family may file a birth injury lawsuit against private parties, such as obstetricians or hospitals, for negligence that leads to the medical issues of a child. Families may also file a wrongful death claim if a severe birth defect results in the death of the child.

Medical Records

If you or someone you love has suffered an injury during birth, filing claims can be challenging. A personal injury and medical malpractice attorney can help you gather the necessary documentation and evidence to increase your chances of receiving the financial compensation that is owed.

A successful birth injury claim relies on establishing four essential elements of medical negligence such as duty of care, breach of duty, causation and damages. A competent lawyer can work with your family to establish these elements based on medical records and other evidence including expert testimony.

In a medical malpractice case in general, a doctor is responsible for his or her actions in the scope of their work. A hospital can be held vicariously responsible for the negligence of its employees, if they were acting within their scope of their employment.

Based on the severity of your child's injury, he or she may require medical and life-care assistance for the rest of their lives. This could result in a large amount of costs, such as hospitalization as well as additional surgeries and procedures, medications, in-home carers, equipment, and other services.

The process of litigation for cases involving Birth Injury lawyer injuries could take years to complete however, a seasoned legal team can expedite the process by thoroughly reviewing all of the evidence and then delivering it to you promptly. Most birth injury lawyers offer free initial consultations and contingent fee arrangements, which means you do not pay any attorney's fees as the lawsuit continues unless they win compensation for you.

Expert Witnesses

The medical expert witness can provide important information to the judge and jury. The expert is able to look over the specific case and determine which elements are significant clinically. This allows the attorneys to better concentrate their arguments and to discuss only the relevant aspects. Experts can also translate medical and scientific terms into an easy format to understand for jurors.

For a lawsuit to be successful, there are four parts that need to be proven: negligence, breach of duty, causation, and damages. To prove this, New York birth injury lawyers can rely on medical records as well as other evidence. They can identify as defendants all medical professionals who were involved in the treatment of the child and the birth injury attorney, including the hospital where the birth took place. They may also need to identify the mother as well as any other family members who were present during the delivery.

After the lawsuit is 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 period may last up to a full year. In this time, parties often try to come to an agreement. If a settlement is not reached the case will proceed to trial. This process can take several years, but a lot of cases are settled in much less time.

Damages

The lawsuit process involves building the case to pursue financial compensation. Your lawyer should have the necessary resources to create an effective case and carry it all the way through trial, if necessary. Your lawyer will generally cover all costs of litigation. They will also receive attorneys' fees only if they recover money.

Your lawyer will submit an Summons and Complaint in the county court where the injury occurred. Hospitals, doctors and other providers of medical care become defendants. After the lawsuit is filed, a variety of steps occur including discovery. This is a process in which attorneys exchange information and evidence, which includes taking depositions or sworn testimony from witnesses.

Causation is the most important element of a birth injury lawsuit. This means you have to show that the medical professional violated their duty, and if they hadn't the child would not have suffered an injury.

The other main aspect of a birth injury legal action is the proof of damages. Your lawyer will consult experts to assess all of your losses, from medical bills to lost income to lifetime care and emotional distress. Your lawyer may also try to prove your case by submitting evidence from other malpractice cases that involved 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.