Four Parts of a Legal Claim
When a doctor, hospital or another party creates a birth injury for an infant, the family should receive fair compensation for medical expenses and any future support. Experts and attorneys work together to develop a case which meets four legal requirements.
The lawsuit begins by filing an order and complaint by the attorney representing the plaintiff. The case goes through an investigation period, during which attorneys exchange information and conduct depositions.
Statute of Limitations
Birth injury lawsuits must be filed in a specific time period, known as the statute of limitations. After this time-frame expires, families and victims could lose the opportunity to obtain financial compensation from medical negligence.
Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with standards of care. In a number of states, the standard is to practice within the scope of education, training and experience. Obstetricians and medical doctors are held to higher standards due to their special training and expertise.
Lawyers often seek evidence of the standards of care from medical experts who provide testimony on behalf of clients. Experts are able to review cases and conduct depositions in support of allegations of negligence.
Expert witnesses are also able to distinguish between mistakes and malpractice. A mistake, for example is a mistake that any competent and reasonably skilled medical provider could have made under the circumstances. However, the error resulted in harm. Malpractice is a more grave issue, and is an intentional act or omission that results in harm. Most birth injury lawyers will argue both theories to ensure that victims get fair compensation for their injuries.
A family may 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 the death of a child.
Medical Records
If you or someone you love suffered a birth injury, filing an action can be difficult. A medical malpractice and personal injury lawyer can help you gather the evidence and documentation required to improve your chances of receiving the financial settlement that you are due.
A successful birth injury claim is based on establishing the four main elements of medical malpractice such as duty of care, breach of duty, causation, and damages. A knowledgeable lawyer can collaborate with your family members to determine these elements based on medical records and other evidence, including expert testimony.
In a medical malpractice lawsuit, a doctor is generally responsible for the actions they take in the course of their job. However, hospitals can be held vicariously accountable for the actions of its employees when they are acting in the course and within the scope of their employment.
Depending on the nature of the injuries your child sustains, they may require medical or life-care services for the rest of his or her life. This can entail a lot of costs, such as hospital stays as well as additional surgeries and procedures medication, in-home carer, equipment, and other services.
A lawsuit for birth injuries can be a lengthy process to resolve. However, a seasoned legal team can speed up the process by examining all evidence and present it to you as soon as possible. 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 trial process unless and until you win compensation.
Expert Witnesses
The medical expert witness is an important source of information to the judge and jury. This expert is able to look over the specific case and recognize what elements are significant clinically. This allows the lawyers to concentrate their arguments on the most important aspects and only focus on the relevant issues. The expert is also able to translate medical and scientific terminology into an easy to understand format for the jury.
To prove a successful lawsuit, four things must be proved: negligence breach, causation and damages. New York birth injury law firms injury attorneys can use medical records as well as other proof to prove this. They can identify as defendants any medical professionals who were involved in the care and birth injury law firms of the child, including the hospital or institution in which the birth occurred. They may also need to identify the mother, or any other family member who was present at the birth.
When the lawsuit is filed the parties will proceed with filing motions, hearings, and discovery. This includes the exchange of medical records as well as other information between the two sides. The discovery process can take up to 1 year or more. During this time, the parties usually try to reach an agreement. If a settlement isn’t reached the case will go to trial. This can last for several years, however many cases settle much sooner.
Damages
The lawsuit process involves building the case to pursue financial compensation. Your lawyer needs to have the resources needed to construct an effective case and carry it all the way to trial, if needed. Your lawyer generally advances all litigation expenses and receives fees for attorneys only if you collect money.
Your lawyer will file a Summons and Complaint in the county court where the injury occurred. Hospitals, doctors and other medical treatment become defendants. After the lawsuit is filed, a number of steps take place, including discovery. This is a stage during which attorneys exchange information and evidence, including taking depositions or sworn testimony from witnesses.
The most important element in a birth injury lawsuit is to establish causality. You must prove that a medical professional violated their obligation 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 consult experts to determine your losses ranging from medical bills and loss of income to ongoing care and emotional stress. Your attorney may also seek to bolster your claim by submitting the results of other malpractice cases involving similar injuries. Additionally the lawyer will be able to consider the current status of the laws applicable to your particular injury, for instance, whether the noneconomic damage cap applies.
