Four Parts of a Legal Claim
If a hospital or doctor results in a
birth injury lawyer injury, the family in question deserves an adequate amount of compensation to pay for medical expenses and to ensure the future of their child. Attorneys and experts work together to develop a case which meets four of the legal requirements.
The lawsuit begins when the plaintiff's attorney submits a summons as well as a complaint with the court. The case is then subject to an investigation phase, where attorneys exchange information, including depositions.
Statute of Limitations
Like every personal injury lawsuit such as birth injuries,
birth injury lawsuits must be filed within a specific period of time known as a statute of limitation. Once this window expires the family members and victims could lose their chance to receive financial compensation for injuries resulting from medical malpractice.
A nurse or doctor who does not 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, training and experience. Obstetricians and medical professionals are held to higher standards because of their unique training and special expertise.
Lawyers often seek evidence of the standards of medical expertise from experts who testify on behalf of clients. The experts may either look over the case files or take depositions of witnesses to prove negligence claims.
Expert witnesses are able to distinguish between mistakes and malpractice. A mistake, for example is a mistake that any competent and reasonably skilled medical professional could have made under the circumstances. However, the error caused harm. Medical malpractice, on the other hand, is more serious and entails a deliberate act or omission that causes harm. Most birth injury lawyers apply both theories to ensure that victims get fair compensation.
A family may start a lawsuit for birth injuries against private parties, like hospitals or obstetricians, to remedy negligence that causes children's medical issues. Families may also file a wrongful-death claim in cases where an injury to the birth canal is severe enough to result in the death of a child.
Medical Records
It can be a challenge to file a claim if you or someone you know has suffered an illness that was born. A medical negligence or personal injury lawyer can help you gather the necessary evidence and documentation to increase your chances of obtaining the financial compensation owed.
A successful birth injury claim relies on establishing the four main elements of medical malpractice such as duty of care, breach of this obligation, causation, and damages. A competent lawyer will work with you and your family in order to establish these elements utilizing medical records and other evidence like expert testimony.
In a medical malpractice case the doctor is usually accountable for their actions in the scope of their duties. However, a hospital can be held vicariously responsible for the negligent actions of its employees when they are acting within the context and nature of their work.
Depending on the nature of your child's injuries, they may require medical or life-care assistance for the rest of his or her life. This could result in a large amount of expenses, like hospitalization as well as additional surgeries and procedures as well as medications, caregivers at home, equipment, and other services.
The litigation process for cases involving birth injuries can take years to complete however, a seasoned legal team can speed up the process by thoroughly reviewing all of the evidence and then delivering it to you on time. A majority of birth injury lawyers provide free initial consultations and contingency fee agreements, which means that you do not have to pay any attorney's fees during the time that the lawsuit is pending unless they win compensation for you.
Expert Witnesses
The medical expert witness can be a valuable source of information to the judge and jury. This expert is able to look over the specific case and recognize what elements are clinically significant. This allows lawyers to concentrate their arguments on what is important and only discuss relevant issues. The expert can also translate medical and scientific terminology into an easy to understand format for jurors.
In order to establish the merits of a lawsuit, four things must be proven: negligence, breach, causation and damages. To prove this, New York birth injury lawyers can rely on medical documents and other evidence. They can name as defendants all medical providers involved in the care and delivery of the baby, including the hospital or institution where the birth took place. They may also have to identify the mother or any other family member who was present during the birth.
After the lawsuit is filed the parties will undergo a process of filing motions, hearings and discovery. The exchange of medical records as well as other records is a part of the discovery process. The discovery period may last up to a full year. During this period, the parties typically try to reach an agreement. If a settlement isn't reached, the case is sent to trial. The process can take several years, but many cases are settled earlier.
Damages
The process of filing a lawsuit involves creating an argument to seek financial compensation. Your lawyer should have the resources to construct a strong case, and then have the ability to go to trial if required. Your lawyer will generally advance all costs associated with litigation and will receive attorney's fees only if you collect money.
The birth injury lawsuit process starts with your lawyer filing an Summons and Complaint with the court in the county where the injury occurred. Hospitals, doctors, and other medical care become defendants. After the lawsuit has been filed there are a variety of actions that occur. This is the stage where attorneys share information, exhibits and depose witnesses.
Causation is a key element of a birth injury suit. This means that you must show that the medical professional violated their duty and if they didn't then your child wouldn't have suffered an injury.
The second major aspect of a legal action for birth injuries is proving damages. Your lawyer will consult experts to determine the complete amount of your losses, from medical bills and loss of income to lifetime care costs and emotional anxiety. Your lawyer can also try to increase the value of your claim by submitting other malpractice cases that resulted in similar injuries. Your lawyer will also look at the current law for your particular injury, such as whether the noneconomic damages cap applies.