Four Parts of a Legal Claim

When a hospital or doctor causes a birth injury attorney injury, the family that is affected deserves fair compensation to cover medical expenses and ensure their child's future. Attorneys work with experts to construct an argument that is able to satisfy the four components of the legal claim.

The lawsuit begins when the attorney representing the plaintiff is required to file a summons or complaint with the court. The case goes through an investigation period, during which attorneys exchange information and conduct depositions.

Statute of limitations

Like any personal injury lawsuit, birth injury cases must be filed within a certain time frame, which is known as the statute of limitations. After this time period expires, the family and victims may not be able to obtain financial compensation from medical malpractice.

A doctor or nurse who fails to meet requirements of medical care is considered to be negligent in their medical practice. In many states, this means performing within the limits of their education, training and experience. Obstetricians and medical doctors are held to even higher standards due to their unique training and special expertise.

Lawyers frequently seek medical experts to testify on behalf of their clients about the quality of care. The experts can review the case files and conduct depositions to prove allegations of negligence.

Expert witnesses can distinguish between mistakes and malpractice. For instance a mistake is an error that any competent and skilled medical professional could have made under the circumstances, however the error caused harm. The other, more serious form of malpractice, on the other hand, is more serious and involves deliberate acts or omissions that causes harm. Most birth injury lawyers will argue both theories to ensure that victims receive an adequate amount of compensation for their injuries.

A family may make a birth injury claim against private parties, like hospitals or obstetricians, for negligent actions that result in the child's medical conditions. Families may also file a wrongful death claim in the event that severe birth injuries result in a child's untimely death.

Medical Records

If you or someone you know suffered birth injuries, submitting a claim can be complicated. A medical negligence or personal injury lawyer can assist you in gathering the required documentation and evidence to increase your chances of receiving financial compensation owed.

A successful birth injury claim is based on establishing four essential elements of medical negligence that include duty of care, breach of this duty, causation, and damages. A knowledgeable lawyer can work with your family to determine these elements based on medical documents and other evidence including expert testimony.

In a case of medical malpractice, doctors are typically accountable for the actions they perform in the course of their employment. However, a hospital can also be held vicariously responsible for the negligent actions of its employees when they are acting in the course and scope of their employment.

Depending on the nature of your child's injuries they could require medical and life-care treatments for the rest of their lives. This can entail a lot of expenses, like hospitalization as well as additional surgeries and procedures, medications, in-home carers equipment, as well as other services.

A lawsuit for birth injuries can be a lengthy process to resolve. However, a knowledgeable legal team will speed up the process by reviewing all evidence and present it to you as quickly as it is possible. Many birth injury attorneys provide free initial consultations and they also have 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 provides crucial information to the judge and jury. This expert is able to examine the particular case and determine which elements are important clinically. This allows lawyers to focus their arguments on the important and only discuss relevant issues. The expert can also translate scientific and medical terms into a format that is simple to understand for the jury.

To make a case successful, there are four parts to be proven: negligence breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other evidence to show this. They can identify as defendants any medical professionals involved in the care or delivery of the baby, including the hospital or institution in which the birth occurred. They may also have to name the mother and any other family members who were present during the delivery.

When the lawsuit is filed the parties will proceed with filing motions, hearings, and discovery. The exchange of medical records as well as other records is a part of the discovery process. The discovery process can take up to 1 year or more. In this time, the parties typically try to come to an agreement. If a settlement cannot be reached, the case will go to trial. This could last for a few years, however the majority of cases settle much earlier.

Damages

The lawsuit process begins with creating a case for financial compensation. Your lawyer must be able to construct an effective case and go through trial if necessary. Your lawyer generally advances all costs associated with litigation and will receive fees for attorneys only if you collect money.

Your lawyer will prepare an Summons and Complaint in the county court where the incident occurred. The hospitals, doctors and other medical providers become defendants. After the lawsuit is filed, a number of steps are taken, including discovery. This is a stage during which attorneys exchange information and evidence, including taking depositions or sworn statements from witnesses.

A key element in a birth injury lawsuit is showing the causation. You must prove that a medical professional violated their duty and that your child wouldn't be injured if the doctor had not.

The other major aspect of an action for birth injury is the proof of damages. Your lawyer will work with experts to determine the full amount of your losses, from medical bills and income loss to ongoing care costs and emotional stress. Your lawyer may also try to prove your case by providing the results of other malpractice cases involving similar injuries. Your lawyer will also take into consideration the current laws applicable to your particular injury, such as whether the noneconomic damages cap applies.