Four Parts of a Legal Claim If a hospital or doctor causes a birth trauma, the family affected should receive fair compensation to pay for medical expenses and to ensure the future of their child. Attorneys work with experts to construct an argument that is able to satisfy the four components of a legal claim. The lawsuit begins by filing the summons and complaint with the lawyer representing the plaintiff. The case is subject to a discovery phase, during which attorneys exchange information and take depositions. Statute of limitations Birth injury lawsuits must be filed within a specified time frame, referred to as the statute of limitations. If this window runs out families and victims may lose their right to financial compensation for damages arising from medical malpractice. A doctor or nurse who fails to meet the standards of care is considered to be accountable for medical malpractice. In a lot of states, the standard is to practice within the scope of education, training, and experience. Obstetricians and medical doctors are held to higher standards due to their unique training and special expertise. Lawyers often seek proof of the standard of medical care from experts who can provide testimony on behalf of clients. Experts may review the case files or conduct depositions of key witnesses to prove negligence claims. Expert witnesses can also distinguish between mistakes and malpractice. A mistake, for instance is a mistake that any competent and reasonably skilled medical provider could have committed in the circumstances. However, the error resulted in harm. The other, more serious form of malpractice, on the other side, is more severe and involves an intentional act or omission that results in harm. Most birth injury attorneys plead both theories to ensure that victims get the right amount of compensation for their injuries. A family can file a birth injury lawsuit against private parties, like hospitals or obstetricians, to remedy negligence that causes the child's medical conditions. Families can also file a wrongful-death claim if an injury to the birth canal is severe enough to result in the death of a child. Medical Records It can be a challenge to submit a claim if or someone close to you is suffering from an illness that was born. A medical malpractice or personal injury attorney can assist you in gathering the necessary documentation and proof to increase your chances of receiving the financial compensation due. A successful claim for birth injuries relies on establishing four essential elements such as duty of care; breach of this duty; causation and damages. A knowledgeable lawyer can assist your family in determine these elements based on medical records and other evidence including expert testimony. In a medical malpractice case, a doctor is generally accountable for the actions they take in the course of their duties. However, a hospital can also be held vicariously responsible for the actions of its employees when they are acting within the course and nature of their work. 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 mean a great deal of expenses, such as hospitalization in addition to additional surgeries and procedures medication, home care, equipment and other services. A lawsuit for birth injuries can take a long time to settle. However, a skilled legal team will speed up the process by reviewing all evidence and present 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 will not be charged any attorney's fees during the trial process unless and until you win compensation. Expert Witnesses The medical expert witness can be a valuable source of information to the judge and jury. The expert can examine the particular case and determine which elements are crucial to the clinical process. This allows lawyers to concentrate their arguments on the most important aspects and only talk about relevant questions. The expert can also translate scientific and medical terms into an format that is easy to understand for jurors. For a lawsuit to be successful, there are four parts that need to be proven: negligence, breach of duty, causation, and damages. New York birth injury attorneys can utilize medical records and other proof to prove this. They can identify as defendants all medical professionals who were involved in the care of the child as well as the delivery, including the hospital where the delivery occurred. They may also have to identify the mother's name and any other family members who were present during the birth. After the lawsuit is filed after the lawsuit has been filed, the parties will have to go through the motions, hearings and discovery procedures. This includes the exchange of medical records and other data between the two sides. The discovery period can last for up to a whole year. In this time, the parties often try to reach a settlement. If a settlement is not agreed upon, the case goes to trial. This process could take several years, but a lot of cases are settled earlier. Damages The lawsuit process starts with creating a case for financial compensation. Your lawyer should have the resources to build a strong case, and then go through trial if necessary. The lawyer you hire will typically advance all costs of litigation. They will also receive attorney's fees only if you recover money. The process of bringing a lawsuit for birth injuries starts with your lawyer filing a Summons and Complaint with the court in the county where the injury occurred. The hospitals, doctors and other medical professionals become defendants. Once the lawsuit has been filed there are several procedures that are followed. This is a step during which attorneys exchange information and evidence, including taking depositions and sworn statements from witnesses. A key element in a birth injury lawsuit is to establish the causality. This means that you must establish that the medical professional breached their obligation and if they didn't the child would not have suffered an injury. Proving damages is another crucial element of a legal case for birth injuries. Your lawyer will consult experts to determine the total amount of your losses, from medical bills and loss of income to lifetime care costs and emotional anxiety. Your attorney may also seek to support your claim by submitting the results of other malpractice cases involving similar injuries. Your lawyer will also take into consideration the current laws applicable to the type of injury you suffered, including whether the noneconomic damages cap is applicable.