Four Parts of a Legal Claim

When a hospital or doctor causes a birth trauma, the family that is affected deserves an adequate amount of compensation to cover medical costs and ensure their child's future. Attorneys work with experts to construct an action plan that fulfills the four parts of an legal claim.

The lawsuit starts by filing an order and complaint by the lawyer representing the plaintiff. The case goes through an investigation phase, in 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 a specified window of time called the statute of limitations. Once this window expires families and victims could lose their right to financial compensation for the damages resulting from medical negligence.

Medical malpractice refers to a doctor or nurse not performing in accordance with standards of care. In many states, this includes performing within the limits of their education, training and experience. Due to their special qualifications, medical specialists like obstetricians are held to higher standards.

Lawyers often require medical experts to testify on behalf of their clients about the standard of care. Experts can review cases and conduct depositions to prove claims of negligence.

Expert witnesses are also able to distinguish between errors and malpractice. For instance, a mistake is an error that even a competent and skilled medical professional could have made in the circumstances, however the error caused harm. In contrast, malpractice, on the other hand, is more serious and entails a deliberate 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 company such as an obstetrician, hospital or even a hospital for negligence that results in medical problems for a child. Families may also bring a wrongful death claim if a severe birth injury attorney 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 a bit difficult. A medical malpractice and personal injury attorney can assist you in gathering the necessary evidence and documentation to improve your chances of winning the financial compensation that is owed.

A successful birth injury claim relies on establishing the four main elements of medical malpractice: duty of care, breach of this duty, causation, and damages. A skilled lawyer can work with your family to establish these elements using medical records and other evidence, including expert testimony.

In a medical malpractice case in general, a doctor is responsible for his or her actions within the context of their employment. However, a hospital can also be held vicariously responsible for the negligence of its employees if they act in the course and within the extent of their duties.

Depending on your child's injury and the severity of the injury, your child may require medical or life-care services for the rest of their lives. This could lead to a great deal of costs, such as hospital stays or additional procedures and surgeries and medications, in-home caregivers equipment, and other services.

The process of litigation for cases involving birth injuries may take years to complete, but an experienced legal team can speed up the process by thoroughly reviewing all evidence and providing it to you promptly. Many birth injury attorneys provide free initial consultations and they also have contingency fee agreements. This means that you will not be charged attorney's fees during the litigation process unless you win compensation.

Expert Witnesses

The medical expert witness gives important information to the jury and judge. This expert is able analyze the particular case and recognize what elements are clinically significant. This allows lawyers to concentrate their arguments on the most important aspects and only talk about pertinent questions. The expert is also able to translate the scientific and medical terminology into a clear format for jurors.

To make a case successful, there must be four parts that need to be proven: negligence breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other proof to demonstrate this. They can identify as defendants all medical providers who were involved in the care and delivery of the child including the hospital or institution in which the birth took place. They may also be required to identify the mother or any other family member who was present during the birth.

After the lawsuit is filed, the parties will have to go through the motions, hearings and the discovery process. This includes the exchange of medical records and other documents between the two sides. The discovery phase can last up to an entire year or more. During this period, the parties often try to reach an agreement. If a settlement cannot be reached, the case will go to trial. The trial could last for many years, but most cases settle earlier.

Damages

The process of suing begins by creating a case for financial compensation. Your lawyer needs the resources necessary to build an effective case and carry it all the way through trial, if needed. Your lawyer generally advances all costs of litigation. They will also receive fees for attorneys only if you recover money.

Your lawyer will file a Summons and Complaint in the county court where the injury occurred. The doctors, hospitals as well as other medical providers are defendants. After the lawsuit is filed, a number of steps take place, including discovery. This is the time when attorneys exchange information, provide evidence and take depositions from witnesses.

The most important element in a birth injury lawsuit is to establish the causation. This means you have to demonstrate that the medical professional violated their obligation, and if they hadn't the child would not have suffered an injury.

Another important aspect of an action for birth injury is the proof of damages. Your lawyer will seek out experts to determine the totality of your losses, from medical expenses and lost income to the cost of care for your entire life and emotional distress. Your lawyer might also try to support your claim by submitting results from other malpractice cases that involved similar injuries. Your lawyer will also take into consideration the current law for your particular injury, such as whether the noneconomic damages cap applies.