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Four Parts of a Legal Claim

When a doctor, hospital or any other person causes a birth injury to a child, the family deserves fair compensation for medical expenses and future support. Attorneys work with experts to build an action plan that fulfills the four parts of an legal claim.

The lawsuit starts when the plaintiff's attorney files a summons and complaint with the court. The case goes through the discovery process, during which attorneys exchange information and take depositions.

Statute of limitations

Like the majority of personal injury lawsuits in the United States, birth injury lawsuits must be filed within a specific time frame, which is known as a statute of limitations. When this time frame expires, families and victims might not be able to claim financial compensation from medical negligence.

Medical malpractice refers to a doctor or nurse who fails to perform in accordance with the standard of medical care. In many states, this standard includes practicing within the confines of their education or training and experience. Obstetricians and medical doctors are held to even higher standards due to their unique training and special knowledge.

Lawyers often seek proof of the quality of medical treatment from experts who can provide testimony on behalf of clients. Experts can review the case files or conduct depositions of key witnesses in order to assist in proving negligence claims.

Expert witnesses can also tell between malpractice and mistakes. For instance mistakes are an error that any reasonably competent and skilled medical professional could have made in the circumstances, but the mistake resulted in harm. Medical malpractice is a more serious issue and involves a deliberate action or omission which causes harm. Most birth injury attorneys plead both theories to ensure that victims get fair compensation for their injuries.

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

Medical Records

If you or someone you care about suffered a birth injury, filing claims can be challenging. A medical malpractice and personal injury attorney can assist you with gathering the evidence and documentation required to improve your chances of receiving the financial settlement that you are due.

A successful birth injury claim relies on establishing four essential elements of medical malpractice which are duty of care breach of this obligation, causation, and damages. A knowledgeable lawyer can assist your family in identify these elements on the basis of medical records and other evidence, including expert testimony.

In a medical malpractice case, a physician is generally accountable for his or her actions in the scope of their job. A hospital could be held vicariously accountable for the negligence of its employees, as long as they were acting within the confines of their work.

Depending on the nature of your child's injuries they may require medical or life-care services for the rest of his or her life. This can involve a lot of costs, including hospitalization as well as additional surgeries and procedures, medications such as home care, medical equipment and other services.

A lawsuit involving a birth injury can take years to settle. However, an experienced legal team will expedite this process by examining all evidence and presenting it to you as soon as is possible. Most birth injury attorneys offer free initial consultations, and they also have 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 is an invaluable source of information for the judge and jury. This expert can review the case and determine which aspects are clinically significant. This allows attorneys to concentrate their arguments and discuss only what is relevant. The expert can also translate medical and scientific terminology into a clear format for jurors.

In order for a lawsuit to be successful, there must be four parts to be proven: negligence breach of duty, causation, and damages. New York birth injury attorneys can use medical records and other proof to show this. They can list as defendants all medical professionals who were involved in the treatment of the child and the delivery including the hospital in which the delivery took place. They may also need to name the mother and any other family members present during the delivery.

After the lawsuit is filed after which the parties go through the process of filing motions, hearings and discovery. The exchange of medical records, among other things, is part of the discovery process. The discovery process can last for up to a whole year. In this time, the parties will often try to settle the matter. If a settlement cannot be reached the case will go to trial. The trial could last for many years, though many cases settle faster.

Damages

The lawsuit process involves building the case to pursue financial compensation. Your lawyer must be able to construct an effective case and have the ability to go to trial if required. The lawyer typically covers the entire cost of a lawsuit and only receives attorneys' fees if they get money back for you.

The birth injury lawsuit process starts with your lawyer filing the Summons and Complaint with the court in the county in which the injury occurred. The hospitals, doctors and other medical professionals become defendants. Once the lawsuit is filed there are several actions that occur. This is a stage during which the attorneys exchange information and evidence, such as taking depositions or sworn statements from witnesses.

Causation is one of the key elements of a birth injury suit. This means that you must show that the medical professional violated their obligation and if they didn't the child would not have suffered an injury.

Proving damages is another important aspect of a legal action for birth injury attorney injury. Your lawyer will consult experts to determine the full amount of your losses, from medical bills and income loss to lifetime care costs and emotional distress. Your lawyer may also try to prove your case by submitting the results of other malpractice cases that resulted in similar injuries. Your lawyer will also consider the current laws applicable to the type of injury you suffered, including whether the noneconomic damages cap applies.