Four Parts of a Legal Claim

If a doctor or hospital results in a birth injury, the family affected should receive fair compensation to cover medical expenses and to ensure the future of their child. Experts and attorneys work together to build an action that fulfills four legal requirements.

The lawsuit begins when the plaintiff's attorney submits a summons as well as a complaint with the court. The case goes through an investigation period, during which attorneys exchange information and take 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 may lose the chance to receive financial compensation resulting from medical malpractice.

A nurse or doctor who fails to meet the standards of care is deemed to be guilty of medical malpractice. In many states, this means performing within the limits of their education and training, as well as experience. Medical specialists like obstetricians are held to higher standards due to their unique training and specialized knowledge.

Lawyers often seek evidence of the standard of care from medical experts who can be witnesses on behalf of clients. Experts can review the case records or take depositions of key witnesses in order to provide evidence to support claims of negligence.

Expert witnesses can also differentiate between malpractice and errors. For instance, a mistake is an error that any competent and skilled medical professional could have made under the circumstances, but the error caused harm. Malpractice is a much more serious issue and involves an intentional act or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims receive an adequate amount of compensation for their injuries.

A family can sue a private entity, such as an obstetrician's office or hospital for negligence that results in medical issues for a child. Families can also bring a wrongful-death claim when a severe birth defect results in the death of the child.

Medical Records

If you or someone you care about suffered an injury to their birth, filing an action can be difficult. A medical malpractice and personal injury lawyer can help you gather the evidence and documentation required to increase your chances of winning financial compensation due.

A successful birth injury claim depends on establishing four essential elements of medical negligence: duty of care, breach of this duty, causation, as well as damages. A competent lawyer will work with you and your family to establish these elements utilizing medical records and other evidence like expert testimony.

In a lawsuit for medical malpractice, a doctor is generally responsible for the actions they take in the course of their duties. However, a hospital can be held vicariously responsible for the negligent acts of its employees when they are acting in the course and within the nature of their work.

Depending on the nature of your child's injuries, they could require medical and life-care services for the remainder of his or her life. This could result in a large amount of expenses, like hospital stays, additional procedures and surgeries, medications, in-home carers equipment, as well as other services.

A lawsuit for birth injuries can take a long time to settle. However, a knowledgeable legal team can speed up this process by reviewing all evidence and providing it to you as quickly as possible. Most birth injury attorneys offer free initial consultations and they also have contingency fee agreements. This means that you won't be charged any attorney's fee during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness is an invaluable source of information for judges and jury. This expert can review the case and determine what aspects are clinically significant. This allows the attorneys to better concentrate their arguments and to discuss only what is relevant. The expert is also able to translate the scientific and medical terminology into a clear format for the jury.

In order for a lawsuit to be successful, there are four parts that must be proven: negligence, breach of duty, causation and damages. New York birth injury attorneys can use medical records and other proof to prove this. They can identify as defendants any medical providers involved in the care and birth of the child, including the hospital or institution where the delivery took place. They may also need to identify the mother as well as any other family members who were present during the birth.

After the lawsuit has been filed, the parties will go through a process of filing motions, hearings and discovery. The exchange of medical records, among other things, is part of the discovery process. The discovery period can last up to a full year. During this period, the parties usually try to come to an agreement. If no settlement is reached the case will proceed to trial. This can take a few years, but many cases are settled in much less time.

Damages

The process of filing a lawsuit begins with building a case for financial compensation. Your lawyer must be able to construct a strong case, and then be able to go through trial if needed. Your lawyer will generally advance the entire cost of litigation and pay fees for legal services only if you are able to recover funds.

The birth injury lawsuit process begins with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. Hospitals, doctors and other medical care become defendants. Once the lawsuit has been filed, a number of steps are carried out, including discovery. This is where attorneys exchange information, documents and depose witnesses.

Causation is one of the key elements of a birth injury lawsuit. You must prove that a medical professional breached their obligation and that your child would not be injured if the doctor had not.

Proving damages is another important aspect of a legal action for birth injuries. Your lawyer will consult with experts to determine the full amount of your losses, from medical bills and income loss to life-long care costs and emotional anxiety. Your attorney could also try to prove your case by providing the results of other malpractice cases involving similar injuries. Your lawyer will also be able to consider the law that applies to your particular injury, such as whether the noneconomic damages cap is applicable.