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Four Parts of a Legal Claim

If a hospital, doctor or any other entity causes birth injuries to a child, the family should receive fair compensation for medical expenses and future care. Attorneys and experts collaborate to create a case that meets four of the legal requirements.

The lawsuit begins when the attorney representing the plaintiff is required to file a summons or complaint with the court. The case is then subject to an initial period of discovery where attorneys exchange information, including depositions.

Statute of Limitations

Like any personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a specific period of time known as the statute of limitations. When this time frame expires, families and victims may lose the chance to recover financial compensation from medical malpractice.

A nurse or doctor who fails to meet standards of care is deemed to be in the wrong for medical malpractice. In a lot of states, the standard is to practice within their scope of education, training and experience. Obstetricians and medical doctors are held to higher standards because of their unique training and expertise.

Lawyers often seek proof of the standard of medical expertise from experts who can be witnesses on behalf clients. Experts can review case files and take depositions in support of allegations of negligence.

The expert witnesses can also differentiate between malpractice and errors. For example mistakes are an error that any competent and skilled medical professional could have made in the circumstances, however the error resulted in harm. The issue of malpractice is more serious issue and involves an intentional act or omission that results in harm. Most birth injury attorneys plead both theories to ensure that victims get an adequate amount of compensation for their injuries.

A family may sue a private company for example, an obstetrician or a hospital, for negligence that results in medical problems for a child. Families can also bring a wrongful-death claim when a severe birth defect results in the death of the child.

Medical Records

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

A successful birth injury claim depends on establishing the four key elements of medical malpractice that include duty of care, breach of this duty, causation and damages. A knowledgeable lawyer will work with your family in order to establish these elements by using medical records and other evidence including expert testimony.

In a case of medical malpractice the doctor is usually responsible for his or her actions within the context of their employment. However, hospitals can also be held vicariously responsible for the negligent actions of its employees if they are acting within the course and nature of their work.

Based on the nature of the injuries your child sustains, they could require medical or life-care assistance for the rest of their lives. This could mean a lot of expenses, including hospital stays, additional surgeries and procedures, medications and home care, as well as equipment and other services.

A birth injury lawsuit can take many years to settle. However, a seasoned legal team will speed up the process by reviewing all evidence and present it to you as soon as it is possible. Many birth injury lawyers provide free initial consultations and contingency fee arrangements, which means you don't pay any attorneys' fees as the lawsuit continues until they receive compensation for you.

Expert Witnesses

The medical expert witness can provide important information to the judge and jury. This expert is able review the specific situation and identify the elements that are important clinically. This allows attorneys to better concentrate their arguments and focus on what is relevant. Experts can also translate scientific and medical terms into an easy format to understand for the jury.

To establish a case for a successful lawsuit, four things must be proven: negligence, breach, causation and damages. New York birth injury attorneys can utilize medical records and other proof to prove this. They can also identify as defendants all medical providers involved in the care and delivery of the baby, including the hospital or institution in which the birth occurred. They may also have to name the mother and any other family members who were present during the birth.

Once the lawsuit has been filed the parties will need to go through the motions, hearings and discovery procedures. The exchange of medical records in addition to other documents, is part of the discovery process. The discovery process can last up to an entire year or more. During this time, the parties often try to reach an agreement. If a settlement isn't reached the case will proceed to trial. The trial could last for many years, however most cases settle earlier.

Damages

The process of suing begins by making a case for financial compensation. Your lawyer must have the resources required to build a solid case and take it to trial, if necessary. Your lawyer usually covers all court costs and only gets paid attorneys' fees if they recover money for you.

The birth injury lawsuit process starts with your lawyer filing a Summons and Complaint with the court in the county where the injury occurred. The hospitals, doctors and other medical facilities become defendants. After the lawsuit is filed, a variety of steps occur including discovery. This is a process in which the attorneys exchange information and evidence, such as taking depositions or sworn declarations from witnesses.

A key element in a birth injury lawsuit is the ability to prove causation. You must show that a medical professional did not fulfill their duty and that your child would not be injured if they did not.

The second major aspect of a birth injury legal action is the proof of damages. Your lawyer will work with experts to determine the full range of your losses, from medical bills and loss of income to ongoing care costs and emotional anxiety. Your lawyer may also try to strengthen your claim by submitting evidence from other malpractice cases that have similar injuries. Your lawyer will also consider the law that applies to the type of injury you suffered, including whether the noneconomic damages cap is applicable.