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Four Parts of a Legal Claim

When a doctor, hospital or another party causes birth injuries to children, the parents must be compensated for medical expenses and future support. Attorneys work with experts to develop an action plan that fulfills the four components of a legal claim.

The lawsuit begins when the plaintiff's attorney is required to file a summons or complaint with the court. The case is subject to a discovery phase, during which attorneys exchange information and conduct depositions.

Statute of Limitations

Like all personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a certain period of time, also known as the statute of limitations. If this window runs out families and victims could lose their right to financial compensation for damages arising from medical malpractice.

A nurse or doctor who fails to adhere to the standards of care is deemed to be negligent in their medical practice. In many states, this means practicing within the confines of their education, training and experience. Due to their special qualifications, medical specialists such as obstetricians have even higher standards.

Lawyers often seek proof of the quality of medical treatment from experts who can provide testimony on behalf of clients. The experts can review the dossiers of the case and take depositions in support of claims of negligence.

Expert witnesses can discern between malpractice and mistakes. For example mistakes are an error that even a skilled and competent medical provider could have made under the circumstances, but the mistake resulted in harm. Malpractice is a more grave issue, and is a deliberate action or omission causing harm. The majority of birth injury lawyers employ both theories to ensure that victims get an equitable amount of compensation.

A family may start a lawsuit for birth injuries against private parties, such as hospitals or obstetricians for negligence that leads to children's medical issues. Families can also file a wrongful-death claim in the event that severe birth injury attorney injuries result in a child's death.

Medical Records

If you or someone you love has suffered birth injuries, submitting an action can be difficult. A medical legal professional, whether personal or medical, can assist you in obtaining the necessary documentation and proof to increase your chances of obtaining the financial compensation due.

A successful birth injury case relies on establishing four essential elements of medical malpractice that include duty of care, breach of this duty, causation and damages. A knowledgeable lawyer can collaborate with your family members to establish these elements using medical documents and other evidence including expert testimony.

In a medical malpractice case an individual physician is generally accountable for their actions within the confines of their duties. A hospital can be held vicariously accountable for the negligent acts of its employees, as long as they were acting within the scope of their duties.

Depending on the injury your child sustained and the severity of the injury, your child may require medical or life-care services for the rest of their lives. This can result in a large amount of expenses, such as hospital stays, additional surgeries and procedures medication such as home care, medical equipment, and other services.

The litigation process for cases involving birth injuries can take years to finish, however, a skilled legal team can expedite the process by carefully scrutinizing all evidence and providing it to you on time. A majority of birth injury lawyers provide free initial consultations and contingent fee arrangements, which means that you don't have to pay any attorney's fees while the lawsuit is in process until they receive compensation for you.

Expert Witnesses

The medical expert witness gives important information to the judge and jury. The expert can analyze the case and determine which elements are crucial for clinical reasons. This allows lawyers to concentrate their arguments on what is crucial and only focus on the pertinent issues. The expert can also translate the scientific and medical terminology into an easy to understand format for jurors.

To be able to prove the viability of a lawsuit, four things must be proven: negligence, breach, causation and damages. New York birth injury attorneys can use medical records and other proof to prove this. They can identify as defendants all medical providers who were involved in the care of the child as well as the delivery including the hospital in which the delivery took place. They may also need to identify the mother as well as any other family members who were present during the delivery.

After the lawsuit has been filed the parties will undergo a process of filing motions, hearings and discovery. This includes the exchange of medical records and other information between the two sides. The discovery phase can last up to an entire year or more. In this time, parties often try to reach an agreement. If a settlement cannot be reached, the case goes to trial. The trial could last for many years, although many cases settle faster.

Damages

The process of a lawsuit involves the creation of an argument in order to seek financial compensation. Your lawyer needs the resources needed to construct an effective case and carry it to trial, if needed. Your lawyer typically advances the entire cost of a lawsuit and only gets paid attorneys' fees if they 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. Hospitals, doctors and other medical treatment become defendants. Once the lawsuit is filed, there are a number steps that take place. This is where attorneys share information, exhibits and also take depositions of witnesses.

A crucial element in a birth injury lawsuit is the ability to prove causation. This means you have to show that the medical professional did not fulfill their duty, and if they hadn't the child would not have suffered an injury.

The second major aspect of a legal action for birth injuries is the proof of damages. Your lawyer will talk to experts to determine the total range of your losses, from medical bills and income loss to life-long care costs and emotional stress. Your attorney could also try to bolster your claim by providing the results of other malpractice cases involving similar injuries. Lastly your lawyer will look at the current state of the law for your type of injury, for instance, whether the noneconomic damage cap applies.