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Four Parts of a Legal Claim

If a hospital, doctor or another party causes a birth injury to children, the parents should receive fair compensation for medical expenses and future care. Attorneys collaborate with experts to create an action plan that fulfills the four components of an legal claim.

The lawsuit starts when the plaintiff's lawyer is required to file a summons or complaint with the court. The case is subject to a discovery phase, during which attorneys exchange information and conduct depositions.

Statute of Limitations

Birth injury lawsuits must be filed in a specified time frame, referred to as the statute of limitations. After this time-frame expires, the family and victims may not be able to receive financial compensation resulting from medical malpractice.

Medical malpractice refers to a physician or nurse who fails to perform in accordance with standards of care. In many states, the standard is to practice within their scope of education, training and experience. Medical specialists like obstetricians are held to higher standards due to their unique training and specialized knowledge.

Lawyers often require medical experts to testify on behalf of their clients about the standard of care. Experts may review the case files or conduct depositions of witnesses to provide evidence to support claims of negligence.

Expert witnesses can also distinguish between malpractice and mistakes. A mistake, for instance, is an error which any competent and reasonably skilled medical professional could have committed in the circumstances. However, the mistake caused harm. In contrast, malpractice, on side, is more severe and is the deliberate act or omission that causes harm. Most birth injury attorneys plead both theories to ensure victims receive the right amount of compensation for their injuries.

A family may sue a private party such as an obstetrician's office or hospital for negligence that results in medical problems for a child. Families may also bring a wrongful-death claim when an unforgiving birth defect results in the death of the child.

Medical Records

If you or someone you know suffered an injury to their birth, filing claims can be challenging. A medical malpractice or personal injury attorney can assist you in gathering the required documentation and evidence to increase your chances of receiving financial compensation due.

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

In a case of medical malpractice in general, a doctor is liable for his or her actions within the context of their duties. However, a hospital could also be held vicariously responsible for the negligence of its employees when they are acting within the course and scope of their employment.

If your child is injured, he or she may require medical and life-care assistance for the rest of their lives. This could mean a lot of expenses, including hospital stays as well as additional surgeries and procedures medication for home care, equipment and other services.

A lawsuit involving a birth injury can take a long time to resolve. However, a seasoned legal team can speed up the process by reviewing all evidence and presenting it to you as quickly as possible. Most birth injury attorneys offer free initial consultations and they also offer contingency fee agreements. This means that you won't be charged any attorney's fees during the litigation process unless you win compensation.

Expert Witnesses

The medical expert witness can be an invaluable source of information to the judge and jury. This expert is able to analyze the particular case and determine which elements are important clinically. This allows lawyers to concentrate their arguments on what is important and only discuss pertinent issues. The expert is also able to translate the scientific and medical terminology into a simple format for the jury.

To make a case successful, there are four parts that must be proven: negligence, breach of duty, causation and damages. New York Birth injury attorney injury attorneys can utilize medical records and other proof to prove this. They can identify as defendants any medical professional involved in the care or delivery of the child including the hospital or the institution where the delivery occurred. They could also be required to identify the mother or any other family member who was present during the birth.

Once the lawsuit is filed the parties will undergo a process of filing motions, hearings and discovery. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery period can take up to one year or more. In this time, the parties often try to come to an agreement. If a settlement is not reached, the case will go to trial. The trial can last for several years, however most cases settle earlier.

Damages

The lawsuit process starts with making a case for financial compensation. Your lawyer should have the resources to build an effective case and have the ability to go to trial if required. Your lawyer generally advances all litigation expenses and receives fees for legal services only if you are able to recover funds.

Your lawyer will prepare a Summons and Complaint in the county court where the incident happened. Hospitals, doctors, and other providers of medical treatment become defendants. Once the lawsuit is filed there are several steps that must be taken. This is where attorneys share information, exhibits and also take depositions of witnesses.

The most important aspect of a birth injury lawsuit is showing causation. This means you have to demonstrate that the medical professional violated their duty and, if they had not, your child would not have suffered an injury.

Another important aspect of an action for birth injury lawyers injury is the proof of damages. Your lawyer will consult with experts to determine your losses, from medical bills and loss of income to the cost of care for your entire life and emotional distress. Your lawyer may also try to prove your case by submitting other cases of malpractice that have similar injuries. Finally your lawyer will look at the current state of law for your specific accident, including whether the noneconomic damage cap is applicable.