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Four Parts of a Legal Claim

When a hospital or doctor causes a birth injury, the family affected should receive an adequate amount of compensation to pay for medical expenses and to ensure the future of their child. Experts and attorneys collaborate to create a case that meets four of the legal requirements.

The lawsuit starts when the attorney representing the plaintiff files a summons and complaint with the court. The case then goes through a period of discovery, in which attorneys exchange information, including depositions.

Statute of Limitations

Birth injury lawsuits must be filed within a certain time frame called the statute of limitations. When this time frame expires, families and victims could lose the opportunity to claim financial compensation from medical malpractice.

A nurse or doctor who fails to adhere to the standards of care is considered to be in the wrong for medical malpractice. In many states, this means working within the boundaries of their education, training and experience. Obstetricians and medical doctors are held to higher standards due to their unique training and special knowledge.

Lawyers often seek medical experts to testify on behalf of their clients about the quality of care. Experts can examine cases and conduct depositions in support of claims of negligence.

Expert witnesses are also able to distinguish between malpractice and mistakes. A mistake, for instance, is an error which any competent and reasonably skilled medical professional could have made in the circumstances. However, the mistake caused harm. Malpractice, on the other however, is more dangerous and is deliberate acts or omissions that causes harm. Most birth injury attorneys plead both theories to ensure victims get fair compensation for their injuries.

A family may bring a lawsuit against a private person such as an obstetrician or hospital, for negligence that results in medical problems for a child. Families may also file a wrongful-death claim when an unforgiving birth defect results in the death of the child.

Medical Records

If you or someone you love has suffered an injury during birth, filing a claim can be complicated. A personal injury and medical malpractice attorney can assist you in gathering the required documentation and evidence to improve your chances of receiving the financial settlement that you are due.

A successful claim for birth injury depends on establishing four key elements such as duty of care; breach of this duty; causation, and damages. A competent lawyer can work with your family to identify these elements on the basis of medical records and other evidence including expert testimony.

In a case of medical malpractice in general, a doctor is accountable for his or her actions within the scope of their work. However, a hospital could also be held vicariously responsible for the negligent acts of its employees if they act in the course and within the scope of their employment.

Depending on your child's injury and the severity of the injury, your child may require medical and life-care assistance throughout their lives. This can mean a great deal of expenses, including hospitalization, additional surgeries and procedures, medications for home care, equipment and other services.

The litigation process for cases involving birth injuries may take years to complete, but an experienced legal team can speed up the process by carefully reviewing all of the evidence and then delivering it to you on time. Most birth injury attorneys offer 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 is a valuable source of information for the judge and jury. This expert can review the case and determine what elements are crucial for clinical reasons. This allows lawyers to concentrate their arguments on the most important aspects and only address relevant issues. The expert is also able to translate medical and scientific terminology into an easy to understand Birth Injury format for jurors.

To make a case successful, there must be four parts to be proven: negligence, breach of duty, causation and damages. To prove this, New York birth injury lawyers can use the medical documents and other evidence. They can list as defendants all medical professionals who were involved in the care of the child as well as the birth, including the hospital where the delivery occurred. They could also be required to identify the mother's name or any other family member who was present during the birth.

Once the lawsuit has been filed the parties will need to go through the motions, hearings, and discovery process. This includes the exchange of medical records as well as other information between the two sides. The discovery phase can last for a period of up to a year. During this time, the parties usually try to settle the matter. If a settlement cannot be reached the case will go to trial. This could last for a few years, however most cases settle earlier.

Damages

The process of a lawsuit involves the creation of an argument in order to seek financial compensation. Your lawyer should have the resources to build a solid case and go through trial if necessary. Your lawyer generally advances all costs of litigation. They will also receive attorney's fees only if you recover money.

Your lawyer will prepare an Summons and Complaint in the county court in which the injury happened. Doctors, hospitals and other providers of medical services become defendants. After the lawsuit has been filed there are several actions that occur. This is a step during which attorneys exchange information and evidence, including taking depositions or sworn declarations from witnesses.

A key element in a birth injury lawsuit is proving causality. You must prove that a medical professional did not fulfill their obligation and that your child would not be injured if the doctor had not.

The proof of damages is a crucial aspect of a legal proceeding for birth injury. Your lawyer will consult experts to determine the total range of your losses from medical bills and loss of income to life-long care costs and emotional distress. Your attorney could also try to bolster your claim by providing the results of other malpractice cases involving similar injuries. Your lawyer will also look at the current laws applicable to your type injury, including whether the noneconomic damages cap applies.