Four Parts of a Legal Claim
When a hospital or doctor creates a birth injury the family affected should receive fair compensation to pay for medical expenses and support their child's future. Attorneys and experts collaborate to construct a case that meets four legal requirements.
The lawsuit starts with the filing of an accusation and summons by the plaintiff's lawyer. The case will then go through an initial period of discovery where attorneys exchange information, which includes depositions.
Statute of Limitations
Like the majority of personal injury lawsuits such as
birth injuries, birth injury lawsuits must be filed within a certain period of time, also known as a statute of limitation. After this time-frame expires, both the victim's family and their loved ones may lose the chance to claim financial compensation from medical negligence.
Medical malpractice is the result of a doctor or nurse failing to perform according to the standards of medical care. In many states, this means working within the boundaries of their education and training as well as their experience. Obstetricians, medical specialists, and other doctors are held to even higher standards due to their special training and expertise.
Lawyers often seek medical experts to testify on behalf of their clients about the standard of medical care. Experts are able to review case files and take depositions to support claims of negligence.
Expert witnesses can also tell between malpractice and mistakes. For example, a mistake is an error that any skilled and competent medical provider could have made in the circumstances, however the error caused harm. Malpractice, on the other side, is more severe and involves an intentional act or omission that causes harm. The majority of
birth injury lawyers employ both theories to ensure that victims get an equitable amount of compensation.
A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians for negligence that causes the child's medical conditions. Families may also bring an action for wrongful death when the birth defect is severe enough to result in the death of the child.
Medical Records
If you or someone you love has suffered an injury to their birth, filing claims can be a bit difficult. A medical legal professional, whether personal or medical, will assist you in gathering the necessary documentation and proof to increase your chances of obtaining financial compensation you are due.
A successful birth injury claim relies on establishing the four key elements of medical negligence: duty of care, breach of this duty, causation and damages. A skilled lawyer will work with you and your family to establish these elements utilizing medical records and other evidence including expert testimony.
In a case of medical malpractice, a physician is generally accountable for their actions within the scope of their duties. A hospital could be held vicariously responsible for the wrongful actions of its employees if they were acting within their scope of their employment.
Depending on the severity of your child's injuries they could require medical and life-care services for the remainder of his or her life. This can entail a lot of costs, such as hospitalization or additional procedures and surgeries and medications, in-home caregivers equipment, as well as other services.
A
birth injury lawsuit can be a lengthy process to settle. However, an experienced legal team will speed up the process by examining all evidence and presenting it to you as quickly as is possible. The majority of birth injury lawyers offer free initial consultations and contingent fee arrangements, which means you don't have to pay any attorneys' fees while the lawsuit is in process until they receive compensation for you.
Expert Witnesses
The medical expert witness can be an important source of information to the judge and jury. The expert will analyze the case and determine which elements are clinically important. This allows the lawyers to concentrate their arguments on what is important and only address relevant issues. The expert is also able to translate the scientific and medical terminology into an easy to understand 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 professionals involved in the care and delivery of the baby, including the hospital or institution in which the delivery occurred. They might also be required to identify the mother as well as any other family members who were present during the delivery.
After the lawsuit has been filed the parties will need to go through the motions, hearings, and discovery process. The exchange of medical records as well as other records is part of the discovery process. The discovery period can take up to an entire year or more. During this period, the parties will often try to settle the matter. If a settlement cannot be reached the case will go to trial. The trial could last for many years, though many cases settle much sooner.
Damages
The process of filing a lawsuit involves creating the case to pursue financial compensation. Your lawyer needs to have the necessary resources to create a strong case and get it all the way to trial, if needed. The lawyer you hire will typically advance all costs associated with litigation and will receive fees for attorneys only if you collect money.
The birth injury lawsuit process starts with your lawyer filing a Summons and Complaint with the court in the county where the incident occurred. The hospitals, doctors and other medical professionals become defendants. Once the lawsuit has been filed there are a variety of steps that take place. This is where attorneys exchange information, provide evidence and take depositions from witnesses.
The most important element in a birth injury lawsuit is showing the causality. You must prove that a medical professional violated their obligation and that your child wouldn't be injured if they did not.
Proving damages is another crucial aspect of a legal proceeding for birth injury. Your lawyer will work with experts to determine the totality of your losses ranging from medical bills and lost income, to lifelong care and emotional stress. Your lawyer may also try to prove your case by submitting other malpractice cases that have similar injuries. Lastly, your lawyer will consider the current state of law for your type of injury, for instance, whether the noneconomic damage cap applies.