Birth Injury Attorney: The Good The Bad And The Ugly

Four Parts of a Legal Claim

When a doctor, hospital or other party results in a birth injury to the child, the family must be compensated for medical expenses as well as future support. Attorneys work with experts to develop a case that satisfies four parts of the legal claim.

The lawsuit starts by filing an accusation and summons by the lawyer representing the plaintiff. The case then goes through an initial period of discovery during which attorneys exchange information, including depositions.

Statute of Limitations

Birth injury lawsuits must be filed in a specific time period, known as the statute of limitations. If this window runs out families and victims may lose the chance to claim financial compensation for the damages resulting from medical malpractice.

A doctor or nurse who fails to meet requirements of medical care is considered to be guilty of medical malpractice. In many states, this means working within the boundaries of their education or training and experience. Because of their special training, medical specialists such as obstetricians, for instance, have higher standards.

Lawyers often require medical experts to testify on behalf of their clients regarding the quality of medical care. Experts are able to review case files and conduct depositions to support claims of negligence.

Expert witnesses are able to identify between errors 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 Birth Injury Attorneys resulted in harm. In contrast, malpractice, on however, is more dangerous and involves deliberate acts or omissions that results in harm. Most birth injury attorneys plead both theories to ensure victims get an adequate amount of compensation for their injuries.

A family can bring a birth injury lawsuit against private parties, like hospitals or obstetricians for negligent actions that result in the child's medical conditions. Families may also file a wrongful-death claim if an extreme birth injury results in a child's wrongful death.

Medical Records

If you or someone you love 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 receiving the financial compensation you are due.

A successful claim for birth injuries depends on establishing four key elements that include duty of care; breach of this duty; causation and damages. A knowledgeable lawyer will work with you and your family to establish these elements utilizing medical records and other evidence including expert testimony.

In a medical malpractice case in general, a doctor is responsible for his or her actions within the scope of their employment. A hospital can be held vicariously responsible for the negligent acts of its employees, as long as they were acting within the confines of their job.

Based on the severity of your child's injury, he or she may require medical and life-care assistance for the rest of their lives. This can entail a lot of costs, including hospitalization in addition to additional procedures and surgeries medication, in-home carer, equipment, and other services.

The process of litigation for cases involving birth injuries may take a long time to complete, however, a seasoned legal team can expedite the process by carefully examining all evidence and then delivering it to you quickly. Most birth injury attorneys offer free initial consultations, and they also offer contingency fee agreements. This means that you will not be charged any attorney's fee 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 analyze the particular case and determine which elements are significant clinically. This allows lawyers to focus their arguments on what is crucial and only talk about pertinent questions. The expert can also translate medical and scientific terminology into a simple format for the jury.

To prove a successful lawsuit, four things must be proven: negligence, breach, causation and damages. New York birth injury attorneys can make use of medical records and other evidence to prove this. They can identify as defendants any medical professional who were involved in the care of the child and the delivery, including the hospital where the birth injury attorney took place. They may also need to identify the mother's name or any other family member who was present at the birth.

After the lawsuit has been filed The parties will then have to go through the motions, hearings and discovery procedures. The exchange of medical records along with other information is a part of the discovery process. The discovery phase can last up to a year or more. In this time, the parties usually try to come to an agreement. If a settlement cannot be reached the case will proceed to trial. The trial could last for many years, however the majority of cases settle much earlier.

Damages

The process of a lawsuit involves the creation of an argument to seek financial compensation. Your lawyer must 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 costs associated with lawsuits and only receives attorney's fees when they can recover money for you.

The birth injury lawsuit process starts with your lawyer filing an Summons and Complaint with the court in the county where the incident occurred. The doctors, hospitals and other medical providers become defendants. Once the lawsuit is filed, there are a number actions that occur. This is a step during which attorneys exchange information and evidence, which includes taking depositions and sworn statements from witnesses.

Causation is a key element of a birth injury lawsuit. You must prove that a medical professional violated their duty and that your child wouldn't be hurt if they had not.

The process of proving damages is an additional element of a legal case for birth injury. Your lawyer will consult with experts to determine all of your losses ranging from medical bills and loss of income, to lifelong care and emotional distress. Your lawyer could also attempt to prove your case by submitting results from other cases of malpractice that have similar injuries. Your lawyer will also look at the current laws applicable to your specific injury, and will determine whether the noneconomic damages cap applies.