The Biggest "Myths" About Birth Injury Attorney May Actually Be Right

Four Parts of a Legal Claim

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

The lawsuit begins with the filing of an accusation and summons by the attorney representing the plaintiff. The case is subject to an investigation period, during which attorneys exchange information and conduct depositions.

Statute of limitations

Like every personal injury lawsuit such as birth injuries, birth injury lawsuits must be filed within a certain period of time known as the statute of limitations. When this window is over families and victims may be denied financial compensation for injuries resulting from medical negligence.

A doctor or nurse who fails to adhere to the standards of care is deemed to be negligent in their medical practice. In many states, the norm is to practice within their scope of education, training and experience. Obstetricians and medical doctors are held to even higher standards due to their unique training and knowledge.

Lawyers often request medical experts to testify on behalf of their clients regarding the quality of care. The experts may either look over the case file or conduct depositions of key witnesses to provide evidence to support claims of negligence.

Expert witnesses are able to differentiate between malpractice and errors. A mistake, for example, is an error which any competent and reasonably skilled medical provider could have committed in the circumstances. However, the error resulted in harm. Malpractice is a much more grave issue, and is an intentional act or omission which causes harm. The majority of birth injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries.

A family may bring a birth injury lawsuit against private parties, like obstetricians or hospitals, for negligent actions that result in a child's medical problems. Families may also bring an action for wrongful death when the severe birth defect results in the death of a child.

Medical Records

If you or someone you love suffered birth injuries, submitting claims can be challenging. A medical malpractice and personal injury attorney can assist you with gathering the necessary documentation and evidence to increase your chances of receiving the financial compensation due.

A successful birth injury claim is based on establishing the four main elements of medical negligence which are duty of care breach of this duty, causation and damages. A knowledgeable lawyer can assist your family in establish these elements based on medical records and other evidence, including expert testimony.

In a medical malpractice case an individual physician is generally liable for his or her actions in the scope of their work. However, a hospital may be held vicariously accountable for the actions of its employees if they are acting in the course and extent of their duties.

Depending on the injury your child sustained and the severity of the injury, your child may require medical and life-care assistance throughout their lives. This can involve a lot of expenses, including hospital stays in addition to additional surgeries and procedures and medications, home care, equipment and other services.

A lawsuit involving a birth injury can take many years to settle. However, a seasoned legal team will expedite this process by examining all evidence and presenting it to you as quickly as it is possible. Most birth injury lawyers offer free initial consultations and contingency fee arrangements, which means that you do not have to pay any attorney's fees as the lawsuit continues until they receive compensation for you.

Expert Witnesses

The medical expert witness gives important information to the judge and jury. The expert is able to examine the particular case and determine which elements are important clinically. This allows the attorneys to more effectively focus their arguments and focus on the relevant aspects. Experts can also translate medical and scientific terms into an easy format to understand for the jury.

To prove a successful lawsuit, four elements must be proved: negligence breach, causation and damages. To prove this, New York birth injury lawyers can make use of medical documents as well as other evidence. They can also identify as defendants any medical professionals involved in the care and delivery of the child including the hospital or establishment where the delivery took place. They may also have to identify the mother or any other family member who was present during the birth.

After the lawsuit is filed the parties will undergo a process of filing motions, hearings and discovery. This includes the exchange of medical records and other data between the two sides. The discovery phase can last up to a year or more. During this period, the parties will often try to negotiate a settlement. If a settlement isn't reached, the case goes to trial. This could last for a few years, though most cases settle earlier.

Damages

The process of filing a lawsuit begins with making a case for financial compensation. Your lawyer needs the resources necessary to build a strong case and get it all the way to trial, if needed. Your lawyer will generally cover all litigation expenses and receives fees for attorneys only if you recover money.

The process of bringing a lawsuit for birth injuries starts with your lawyer filing an Summons and Complaint with the court in the county in which the injury occurred. Hospitals, doctors and other medical care are defendants. Once the lawsuit is filed there are a variety of actions that occur. This is the stage where attorneys exchange information, documents and depose witnesses.

Causation is one of the key elements of a birth injury lawsuit. You must prove that a medical professional violated their duty and that your child would not be injured if they did not.

Another important aspect of an action for birth injury is proving damages. Your lawyer will work with experts to determine all of your losses ranging from medical bills and lost income to ongoing care and emotional stress. Your lawyer may also try to prove your case by providing the results of other malpractice cases involving similar injuries. Your lawyer will also be able to consider the law applicable to your type injury, including whether the noneconomic damages cap applies.