Birth Injury Attorney: The Good, The Bad, And The Ugly

Four Parts of a Legal Claim

If a doctor or hospital causes a birth injury, the family that is affected deserves fair compensation to pay for medical expenses and provide for their child's future. Experts and attorneys collaborate to construct a case which meets four legal requirements.

The lawsuit begins by filing an accusation and summons by the plaintiff's lawyer. The case is then subject to a period of discovery, where attorneys exchange information, which includes depositions.

Statute of Limitations

Like the majority of personal injury lawsuits such as birth injuries, birth injury lawsuits must be filed within a specific time frame, which is known as a statute of limitations. Once this window expires families and victims may lose their chance to receive financial compensation for losses resulting from medical negligence.

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

Lawyers often seek evidence regarding the standard of medical care from experts who testify on behalf of clients. The experts may either look over the case file or conduct depositions of the key witnesses to help support claims of negligence.

Expert witnesses can differentiate between malpractice and errors. For instance a mistake is an error that even a competent and skilled medical professional could have made in the circumstances, however the error resulted in harm. Medical malpractice, on the other hand, is more serious and is the deliberate act or omission that causes harm. The majority of birth injury lawyers utilize both theories to ensure that victims receive an equitable amount of compensation.

A family can sue a private party like an obstetrician or hospital, for negligence that causes medical problems for a child. Families may also file a wrongful-death claim in the event that an injury to the birth canal is severe enough to result in a child's death.

Medical Records

If you or someone you love has suffered a birth injury lawyer injury, filing claims can be challenging. A medical malpractice and birth injury lawsuits personal injury attorney can assist you in gathering the evidence and documentation required to increase your chances of winning the financial compensation due.

A successful claim for birth injury is contingent on establishing four crucial elements such as duty of care; breach of this duty; causation, and damages. A skilled lawyer can assist your family in establish these elements based on medical records and other evidence including expert testimony.

In a medical negligence case an individual physician is generally accountable for his or her actions within the scope of their employment. A hospital could be held vicariously accountable for the wrongful actions of its employees, provided they were acting within the confines of their job.

If your child is injured, he or she may need medical and life-care service throughout their lives. This can involve a lot of expenses, including hospital stays, additional surgeries and procedures as well as medications, home care, equipment and other services.

The process of bringing cases involving birth injuries can take years to finish, however, a seasoned legal team can expedite the process by thoroughly reviewing all of the evidence and supplying it to you quickly. Most birth injury attorneys offer free initial consultations, and they also have contingency fee agreements. This means that you will not be charged any attorney's fees during the trial process unless you are awarded compensation.

Expert Witnesses

The medical expert witness can be an important source of information for judges and jury. This expert is able analyze the particular case and recognize what elements are crucial to the clinical process. This helps attorneys more effectively focus their arguments and discuss only the relevant aspects. The expert can also translate medical and scientific terminology into a clear format for the jury.

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

After the lawsuit is 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 period may last for up to a whole year. During this time, the parties often attempt to come to an agreement. If no settlement can be reached, the case will go to trial. The trial can last for several years, though 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 necessary to build a solid case and take it all the way through trial, if needed. Your lawyer typically advances all court costs and only gets paid attorney's fees when they get money back for you.

Your lawyer will file a Summons and Complaint in the county court where the injury occurred. The doctors, hospitals and other medical facilities become defendants. After the lawsuit has been filed, there are a number procedures that are followed. This is where attorneys exchange information, documents and obtain depositions from witnesses.

The most important aspect of a birth injury lawsuit is proving the causation. You must show that a medical professional breached their obligation and that your child would not be injured if they did not.

The other main aspect of a birth injury legal action is the proof of damages. Your lawyer will talk to experts to determine the total extent of your losses, from medical bills and income loss to life-long care costs and emotional anxiety. Your lawyer could also seek to strengthen your claim by submitting the results of other malpractice cases that have similar injuries. Your lawyer will also take into consideration the law applicable to your particular injury, such as whether the noneconomic damages cap applies.