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Four Parts of a Legal Claim

If a doctor or hospital results in a birth injury, the family that is affected deserves fair compensation to cover medical expenses and support their child’s future. Attorneys and experts collaborate to construct a case which meets four legal requirements.

The lawsuit starts with the filing of a summons and complaint by the attorney representing the plaintiff. The case is subject to a discovery phase, during which attorneys exchange information and take depositions.

Statute of limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specific period of time known as a statute of limitations. When this time frame expires, families and victims may lose the chance to recover financial compensation from medical malpractice.

A nurse or doctor who does not meet the requirements of medical care is considered to be in the wrong for medical malpractice. In many states, this means performing within the limits of their education or training and experience. Due to their unique education, medical professionals such as obstetricians also have higher standards.

Lawyers often seek proof of the quality of medical care from experts who can be witnesses on behalf of clients. Experts are able to review case files and conduct depositions in support of allegations of negligence.

Expert witnesses can also distinguish between errors and malpractice. A mistake, for example, is an error which any competent and reasonably skilled medical professional could have made under the circumstances. However, the mistake resulted in harm. Malpractice, on the other side, is more severe and is the deliberate act or omission that causes harm. The majority of birth injury lawyers employ both theories to ensure that victims receive the right amount of compensation.

A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians, to remedy negligent actions that result in children’s medical issues. Families may also file a wrongful death claim in the event that an injury to the birth canal is severe enough to result in a child’s wrongful death.

Medical Records

If you or someone you care about suffered an injury to their birth, filing claims can be challenging. A personal injury and medical malpractice attorney can help you gather the necessary documentation and evidence to improve your chances of winning the financial compensation due.

A successful claim for birth injury is contingent on establishing four crucial elements which include duty of care, breach of this duty; causation and damages. A competent lawyer can work with your family to establish these elements using medical records and other evidence including expert testimony.

In a case of medical malpractice the doctor is usually responsible for his or her actions within the scope of their employment. However, hospitals can also be held vicariously responsible for the negligent actions of its employees if they’re acting within the course and extent of their duties.

Depending on the nature of the injuries your child sustains, they may require medical and life-care services for the rest of their lives. This could mean a lot of costs, such as hospitalization in addition to additional procedures and surgeries and medications, in-home caregivers equipment, as well as other services.

The process of litigation for cases involving birth injuries could take years to complete, however, a skilled legal team can speed up the process by thoroughly reviewing all evidence and then delivering it to you in a timely manner. A majority of birth injury lawyers provide free consultations for initial consultations as well as contingency fee arrangements, which means you don’t pay any attorney’s fees during the time that the lawsuit is pending until they receive compensation for you.

Expert Witnesses

The medical expert witness provides important information to the judge and jury. The expert is able to analyze the particular case and recognize what elements are crucial to the clinical process. This allows lawyers to concentrate their arguments on what is crucial and only discuss pertinent questions. The expert can also translate scientific and medical terms into a format that is simple to understand for lawsuits the jury.

To be successful, there must be four parts that need to be proved: negligence breach of duty, causation and damages. New York birth injury attorneys can make use of medical records and other proof to show this. They can list as defendants any medical professional who were involved in the care of the child as well as the delivery including the hospital in which the delivery occurred. They may also need to name the mother and any other family members 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, among other things, is part of the discovery process. The discovery process can be as long as a full year. During this time, the parties will often try to settle the matter. If a settlement cannot be reached, the case goes to trial. This process could take several years, but a lot of cases are settled much sooner.

Damages

The process of filing a lawsuit begins with building a case for financial compensation. Your lawyer must have the resources required to build a solid case and take it all the way to trial, if necessary. The lawyer typically covers all costs associated with lawsuits and only receives attorney’s fees when they recover money for you.

The birth injury lawsuit process starts with your lawyer filing the Summons and Complaint with the court in the county where the injury occurred. The hospitals, doctors and other medical facilities become defendants. Once the lawsuit is filed there are several procedures that are followed. This is the stage where attorneys exchange information, evidence and take depositions from witnesses.

Causation is the most important element of a birth injury lawsuit. You must prove that a medical professional breached their duty and that your child would not be injured if they had not.

The second major aspect of a legal action for birth injuries is the proof of damages. Your lawyer will seek out experts to determine the totality of your losses — from medical bills and loss of income, to lifelong care and emotional stress. Your attorney may also seek to support your claim by providing the results of other malpractice cases that have similar injuries. Your lawyer will also be able to consider the law applicable to your particular injury, such as whether the noneconomic damages cap is applicable.