Four Parts of a Legal Claim If a doctor or hospital causes a birth trauma, the affected family deserves an adequate amount of compensation to cover medical costs and provide for their child's future. Experts and attorneys collaborate to create a case which meets four of the legal requirements. The lawsuit starts when the attorney representing the plaintiff is required to file a summons or complaint with the court. The case is subject to a discovery period, where attorneys exchange information and take depositions. Statute of Limitations Like the majority of personal injury lawsuits in the United States, birth injury lawsuits must be filed within a specific window of time called a statute of limitations. After the time limit expires, victims and their families could lose the opportunity to claim financial compensation from medical malpractice. A doctor or nurse who fails to meet the standards of care is believed to be accountable for medical malpractice. In many states, this standard includes performing within the limits of their education and training, as well as experience. Because of their special training, medical specialists such as obstetricians have even higher standards. Lawyers often seek proof of the standard of medical treatment from experts who can be witnesses on behalf of clients. Experts are able to review case files and conduct depositions to prove claims of negligence. Expert witnesses can also differentiate between mistakes and malpractice. A mistake, for instance, is an error which any competent and reasonably skilled medical provider could have committed in the circumstances. However, the mistake resulted in harm. In contrast, malpractice, on hand, is more serious and involves the deliberate act or omission that results in harm. Most birth injury lawyers apply both theories to ensure that victims receive the right amount of compensation. A family can file a birth injury lawsuit against private parties, such as hospitals or obstetricians, for negligence that causes the child's medical conditions. Families can also bring a wrongful-death claim when the severe birth defect results in the death of a child. Medical Records If you or someone you know suffered a birth injury, filing an action can be difficult. A personal injury and medical malpractice lawyer can help you gather the necessary documentation and evidence to improve your chances of receiving the financial compensation due. A successful birth injury claim depends on establishing four essential elements of medical malpractice that include duty of care, breach of obligation, causation, and damages. A knowledgeable lawyer can work with your family to identify these elements on the basis of medical records and other evidence including expert testimony. In a case of medical malpractice an individual physician is generally accountable for his or her actions in the scope of their employment. A hospital could be held vicariously responsible for the actions of its employees, if they were acting within their scope of their work. If your child is injured depending on the severity of the injury, they may require medical and life-care assistance for the rest of their lives. This could lead to a great deal of costs, including hospital stays or additional procedures and surgeries and medications, in-home caregivers equipment, and other services. The process of litigation for a birth injury case can take years to finish, but an experienced legal team can expedite the process by thoroughly reviewing all evidence and delivering it to you on time. A majority of birth injury lawyers provide free consultations for initial consultations, and they also offer contingency fee agreements. This means that you will not be charged any attorney's fees during the litigation process unless you receive compensation. Expert Witnesses The medical expert witness can be an invaluable source of information to the judge and jury. The expert will review the case and determine what aspects are crucial to the clinical. This allows the attorneys to more effectively focus their arguments and to discuss only what is relevant. The expert is also able to translate the scientific and medical terminology into a clear format for the jury. In order for a lawsuit to be successful, there must be four parts that must be proven: negligence breach of duty, causation, and damages. To prove this, New York birth injury lawyers can rely on medical documents and other evidence. They can also identify as defendants any medical professionals involved in the care and delivery of the baby, including the hospital or the institution where the delivery took place. They may also need to name the mother or any other family member who was present during the birth. Once the lawsuit has been 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 as well as other information between the two sides. The discovery phase can last up to a year or more. In this time, the parties usually try to reach a settlement. If a settlement is not reached, the case will go to trial. The trial could last for many years, though many cases settle much sooner. Damages The process of a lawsuit involves the creation of an argument in order to seek financial compensation. Your lawyer must have the resources required to build a strong case and get it all the way to trial, if necessary. Your lawyer generally advances the entire cost of litigation and pay fees for attorneys only if you recover money. Your lawyer will submit a Summons and Complaint in the county court where the accident happened. Hospitals, doctors, and other medical care become defendants. Once the lawsuit is filed there are several procedures that are followed. This is a process in which attorneys exchange documents and information, as well as taking depositions or sworn declarations from witnesses. A crucial element in a birth injury lawsuit is to establish the causation. This means you have to demonstrate that the medical professional did not fulfill their duty, and if they hadn't, your child would not have suffered an injury. The process of proving damages is an additional element of a legal case for birth injuries. Your lawyer will consult with experts to determine the full range of your losses, from medical expenses and loss of income to ongoing care costs and emotional stress. Your lawyer may also try to support your claim by submitting the results of other malpractice cases that have similar injuries. Additionally the lawyer will be able to consider the current status of the law for your specific injury, for instance, whether the noneconomic damage cap is applicable.