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Four Parts of a Legal Claim

When a doctor or hospital results in a birth injury, the affected family deserves an adequate amount of compensation to pay for medical expenses and support their child's future. Attorneys work with experts to develop an argument that is able to satisfy the four aspects of a legal claim.

The lawsuit begins when the plaintiff's lawyer file a summons and complaint with the court. The case goes through an investigation period, during which attorneys exchange information and take depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specific time frame, which is known as a statute of limitation. After this time the family members and victims could be denied financial compensation for the damages resulting from medical negligence.

A doctor or nurse who fails to adhere to the standards of care is deemed to be guilty of medical malpractice. In many states, this means working within the boundaries of their education, training and experience. Due to their unique education, medical professionals like obstetricians are held to higher standards.

Lawyers often seek evidence regarding the standard of medical care from experts who can provide testimony on behalf of clients. Experts can review the case files or take depositions of key witnesses in order to prove negligence claims.

The expert witnesses can also distinguish between mistakes and malpractice. For instance a mistake is an error that a reasonably skilled and competent medical provider could have made under the circumstances, however the error caused harm. Malpractice is a much more serious matter, and it involves an intentional act or omission that results in harm. The majority of birth injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries.

A family can bring a birth injury lawsuit against private parties, such as hospitals or obstetricians, to remedy negligence that leads to the medical issues of a child. Families may also bring a wrongful death claim if an unforgiving birth defect results in the death of a child.

Medical Records

If you or someone you know suffered an injury to their birth, filing claims can be a bit difficult. A medical malpractice and personal injury lawyer can help you gather the necessary evidence and documentation to improve your chances of winning the financial compensation you are owed.

A successful claim for birth injuries is based on the establishing of four key elements that include duty of care; breach of this duty; causation and damages. A knowledgeable lawyer will work with your family to establish these elements using medical documents and other evidence such as expert testimony.

In a medical malpractice lawsuit doctors are generally accountable for the actions they perform during their duties. A hospital could be held vicariously liable for the negligence of its employees if they were acting within the scope of their work.

Depending on the nature of your child's injuries, they could require medical or life-care assistance for the rest of his or her life. This could mean a lot of expenses, such as hospitalization in addition to additional surgeries and procedures medication and home care, as well as equipment and other services.

The process of litigation for cases involving birth injuries can take a long time to complete, however, a skilled legal team can expedite the process by carefully reviewing all of the evidence and then delivering it to you promptly. Most birth injury lawyers offer free initial consultations and contingency fee arrangements, which means that you do not pay any attorney's charges while the lawsuit is pending until they receive compensation for you.

Expert Witnesses

The medical expert witness can be an important source of information for the judge and jury. The expert will review the case and determine what aspects are clinically significant. This allows the lawyers to focus their arguments on what is important and only address pertinent questions. The expert can also translate medical and scientific terminology into a simple format for jurors.

To make a case successful, there are four parts that need to be proven: negligence breach of duty, causation, and damages. To prove this, New York birth injury lawyers can rely on medical documents as well as other evidence. They can identify as defendants all medical providers who were involved in the care and delivery of the child, including the hospital or the institution where the delivery occurred. They may also need 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. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery process can be as long as a full year. During this time, the parties often attempt to reach a settlement. If a settlement is not reached, the case will go to trial. The trial can last for several years, although most cases settle earlier.

Damages

The process of suing involves constructing an argument to seek financial compensation. Your lawyer should have the resources required to build an impressive case and then take it all the way through trial, if needed. The lawyer typically covers all court costs and only receives fees for attorneys if they can recover money for you.

The process of bringing a lawsuit for birth injuries begins with your lawyer filing the Summons and Complaint with the court in the county in which the injury occurred. The doctors, hospitals and other medical facilities become defendants. After the lawsuit is filed, there are a number steps that must be taken. This is the time when attorneys exchange information, evidence and depose witnesses.

A key element in a birth injury lawsuit is to establish causation. You must show that a medical professional breached their obligation and that your child would not be injured if they had not.

The other major aspect of a legal action for birth injuries is the proof of damages. Your lawyer will consult experts to determine the totality of your losses - from medical bills and lost income to lifetime care and emotional distress. Your lawyer may also try to increase the value of your claim by submitting results from other cases of malpractice that have similar injuries. Your lawyer will also be able to consider the current laws applicable to your type injury, including whether the noneconomic damages cap applies.