Four Parts of a Legal Claim

If a hospital, doctor or any other person results in a birth injury law firms injury to children, the parents deserves fair compensation for medical expenses and future care. Attorneys and experts collaborate to construct a case that meets four legal requirements.

The lawsuit begins by filing an accusation and summons by the plaintiff's lawyer. The case goes through a period of discovery, during which attorneys exchange information, including depositions.

Statute of Limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within an established period of time known as a statute of limitations. When this window is over families and victims may lose their right to financial compensation for the damages resulting from medical negligence.

Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with the standard of medical care. In a lot of states, the norm is to practice within the limitations of training, education and experience. Obstetricians, medical specialists, and other doctors are held to higher standards due to their special training and knowledge.

Lawyers often seek proof of the quality of care from medical experts who testify on behalf of clients. Experts may review the case file or conduct depositions of witnesses to provide evidence to support claims of negligence.

Expert witnesses can also differentiate between mistakes and malpractice. A mistake, for instance is an error that any competent and reasonably skilled medical professional could have made in the circumstances. However, the mistake resulted in harm. Medical malpractice is a more serious matter and requires a deliberate action or omission causing harm. Most birth injury lawyers apply both theories to ensure that victims receive fair compensation.

A family can bring a lawsuit against a private person such as an obstetrician or hospital, for negligence that results in medical issues for a child. Families can also file a wrongful-death claim if an extreme birth injury results in a child's untimely death.

Medical Records

If you or someone you care about suffered a birth injury, filing claims can be a bit difficult. A medical legal professional, whether personal or medical, can assist you in gathering the required documentation and evidence to increase your chances of obtaining the financial compensation that is due.

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

In a medical negligence case an individual physician is generally accountable for his or her actions within the context of their work. However, a hospital could be held vicariously responsible for the negligence of its employees if they are acting in the course and scope of their employment.

Depending on your child's injury, he or she may require medical or life-care for the rest of their lives. This can result in a large amount of expenses, such as hospital stays, additional surgeries and procedures, medications for home care, equipment and other services.

A lawsuit for birth injuries can take many years to settle. However, a seasoned legal team will speed up the process by reviewing all evidence and present it to you as quickly as is possible. The majority of birth injury lawyers offer free initial consultations and contingency fee arrangements, which means you will not have to pay any attorneys' fees during the time that the lawsuit is pending as long as they get compensation for you.

Expert Witnesses

The medical expert witness is an invaluable source of information for the judge and jury. This expert is able to analyze the particular case and determine which elements are clinically significant. This allows the lawyers to concentrate their arguments on what is important and only address relevant issues. The expert can also translate medical and scientific terminology into an easy to understand format for the jury.

In order to establish the merits of a lawsuit, four things have to be proved: negligence, breach, causation and damages. New York birth injury attorneys can make use of medical records and other proof to prove this. They can identify as defendants any medical professional who were involved in the care of the child and the birth as well as the hospital where the delivery occurred. They might also be required to name the mother and any other family members who were present during the birth.

Once the lawsuit has been filed after the lawsuit has been filed, the parties will have to go through the motions, hearings, and discovery procedures. This includes the exchange of medical records as well as other information between the two sides. The discovery period can be as long as a full year. During this time, the parties usually try to reach a settlement. If a settlement is not reached the case will go to trial. This can last for several years, however most cases settle earlier.

Damages

The process of suing begins by the creation of a case to seek financial compensation. Your lawyer must have the necessary resources to create a solid case and take it all the way through trial, if necessary. Your lawyer usually covers all costs associated with lawsuits and only receives attorneys' fees if they get money back for you.

The birth injury lawsuit process starts with your lawyer filing an Summons and Complaint with the court in the county where the incident occurred. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit has been filed there are a variety of steps that take place. This is an event during which attorneys exchange information and evidence, which includes taking depositions or sworn declarations from witnesses.

A key element in a birth injury lawsuit is to establish causality. This means you have to show that the medical professional did not fulfill their duty and if they hadn't then your child wouldn't have suffered an injury.

Proving damages is another crucial aspect of a legal action for birth injuries. Your lawyer will consult with experts to determine the totality of your losses ranging from medical bills and loss of income to ongoing care and emotional stress. Your lawyer might also try to support your claim by submitting evidence from other malpractice cases that resulted in similar injuries. Your lawyer will also take into consideration the law applicable to the type of injury you suffered, including whether the noneconomic damages cap is applicable.