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Four Parts of a Legal Claim

If a hospital, doctor or other party causes a birth injury to the child, the family deserves fair compensation for medical expenses and future care. Attorneys collaborate with experts to create an argument that is able to satisfy the four components of the legal claim.

The lawsuit begins with the filing of an accusation and summons by the plaintiff's lawyer. The case goes through an investigation phase, where attorneys exchange information, which includes depositions.

Statute of Limitations

Like every personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a certain time frame, which is known as a statute of limitations. Once this window expires families and victims may lose the chance to claim financial compensation for injuries resulting from medical malpractice.

A nurse or doctor who fails to meet standards of care is considered to be guilty of medical malpractice. In many states, the norm is to practice within the scope of education, training and experience. Due to their special education, medical professionals like obstetricians are held to higher standards.

Lawyers often seek medical experts to testify on behalf of their clients about the standard of medical care. Experts can examine case files and take depositions in support of allegations of negligence.

Expert witnesses are able to differentiate between malpractice and errors. For example a mistake is an error that any reasonably skilled and competent medical provider could have made in the circumstances, however the error caused harm. The issue of malpractice is more serious matter and requires a deliberate action or omission that causes harm. The majority of birth injury lawyers argue both theories to ensure that victims get fair compensation for their injuries.

A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians, for negligence that leads to a child's medical problems. Families can also file a wrongful-death claim when the birth defect is severe enough to result in the death of the child.

Medical Records

It can be difficult to start a claim when you or someone close to you has been affected by a birth defect. A personal injury and medical malpractice attorney can help you gather the required documentation and evidence to increase your chances of receiving the financial compensation that is owed.

A successful birth injury case relies on establishing four essential elements of medical negligence that include duty of care, breach of this duty, causation and damages. A knowledgeable lawyer can assist your family in establish these elements based on medical records and other evidence including expert testimony.

In a case of medical malpractice, a doctor is generally responsible for the actions they take during their employment. A hospital may be held vicariously responsible for the negligence of its employees, if they were acting within their scope of their job.

Depending on the nature of your child's injuries, they could require medical or life-care assistance for the rest of their lives. This could lead to a great deal of expenses, like hospitalization or additional procedures and surgeries 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 knowledgeable legal team can expedite the process by carefully reviewing all of the evidence and supplying it to you quickly. The majority of birth injury lawsuits injury lawyers offer free initial consultations, as well as contingency fee agreements, which means that you don't pay any attorney's fees while the lawsuit is pending in the event that they are able to win compensation for you.

Expert Witnesses

The medical expert witness is a valuable source of information to the judge and jury. The expert will analyze the case and determine which aspects are clinically significant. This allows lawyers to focus their arguments on the most important aspects and only focus on the pertinent questions. The expert can also translate the scientific and medical terminology into a clear format for the jury.

To establish a case for a successful lawsuit, four things must be proved: negligence, breach, causation and damages. New York birth injury attorneys can utilize medical records and other proof to demonstrate this. 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 in which the delivery occurred. They could also be required to name the mother or any other family member who was present at the birth.

Once the lawsuit is filed the parties will go through a process of filing motions, hearings and discovery. This involves the exchange of medical records as well as other information between the two sides. The discovery period may last up to a full year. During this time, the parties often try to reach an agreement. If no settlement can be reached, the case is sent to trial. The trial can last for several years, though the majority of cases settle much earlier.

Damages

The process of filing a lawsuit begins with building a case for financial compensation. Your lawyer needs the resources necessary to build an effective case and carry it all the way to trial, if needed. The lawyer typically covers all costs associated with lawsuits and only receives attorney's fees if they are able to recover funds for you.

Your lawyer will prepare an Summons and Complaint in the county court where the injury occurred. The hospitals, doctors and other medical facilities become defendants. Once the lawsuit is filed, a variety of steps take place, including discovery. This is a process in which attorneys exchange documents and information, as well as taking depositions or sworn declarations from witnesses.

The most important aspect of a birth injury lawsuit is showing causation. You must show that a medical professional violated their duty and that your child would not be hurt if they had not.

The other major aspect of a legal action for birth injuries is proving damages. Your lawyer will consult with experts to determine all of your losses ranging from medical bills and lost income to lifetime care and emotional stress. Your lawyer could also attempt to support your claim by submitting other cases of malpractice that have similar injuries. In addition your lawyer will take into consideration the current state of laws applicable to your particular accident, including whether the noneconomic damage cap is applicable.