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Four Parts of a Legal Claim When a doctor or hospital creates a birth injury the family affected should receive an adequate amount of compensation to cover medical costs and ensure their child's future. Experts and attorneys collaborate to construct a case which meets four of the legal requirements. The lawsuit starts when the plaintiff's attorney submits a summons as well as a complaint with the court. The case goes through an investigation period, during which attorneys exchange information and conduct depositions. Statute of Limitations Like the majority of personal injury lawsuits, birth injury cases must be filed within a specific period of time known as a statute of limitations. After this time period expires, victims and their families may not be able to claim financial compensation from medical malpractice. Medical malpractice is the result of a doctor or nurse who fails to perform in accordance with the standards of care. In many states, this standard includes practicing within the scope of their education and training, as well as experience. Obstetricians and medical professionals are held to higher standards because of their special training and expertise. Lawyers often seek evidence of the standard of medical care from experts who be witnesses on behalf clients. The experts can review the cases and conduct depositions in support of allegations of negligence. Expert witnesses are able to identify between errors and malpractice. A mistake, for instance is an error that any competent and reasonably skilled medical professional could have made under the circumstances. However, the error caused harm. Malpractice, on the other hand, is more serious and entails a deliberate act or omission that results in harm. The majority of birth injury lawyers argue both theories to ensure that victims receive fair compensation for their injuries. A family can sue a private party for example, an obstetrician's office or hospital for negligence that causes medical issues for children. Families may also file a wrongful death claim if a severe birth injury results in a child's death. Medical Records If you or someone you care about suffered an injury to their birth, filing an action can be difficult. A medical malpractice and personal injury attorney can help you gather the necessary evidence and documentation to increase your chances of winning the financial settlement that you are due. A successful claim for birth injuries is based on the establishing of four key elements that include duty of care; breach of this duty; causation, and damages. A skilled lawyer will collaborate with your family members to establish these elements based on medical records and other evidence, including expert testimony. In a case of medical malpractice doctors are generally accountable for the actions they perform in the course of their duties. A hospital may be held vicariously accountable for the negligent acts of its employees, provided they were acting within the scope 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 for the rest of their lives. This could lead to a great deal of expenses, such as hospital stays as well as additional surgeries and procedures medication, in-home carer equipment, as well as other services. The process of bringing cases involving birth injuries can take years to complete, however, a skilled legal team can speed up the process by thoroughly reviewing all the evidence and supplying it to you promptly. The majority of birth injury lawyers offer free initial consultations and they also have contingency fee agreements. This means that you will not be charged any attorney's charges during the litigation process unless you receive compensation. Expert Witnesses The medical expert witness gives important information to the judge and jury. The expert can examine the particular situation and identify the elements that are clinically significant. This allows lawyers to focus their arguments on the important and only focus on the relevant issues. The expert can also translate the scientific and medical terminology into an easy to understand format for the jury. To be able to prove the viability of a lawsuit, four things must be proved: negligence, breach, causation and damages. To prove birth injury law firm kansas city , New York birth injury lawyers can use the medical records as well as other evidence. They can identify as defendants all medical providers who were involved in the care of the child and the birth as well as the hospital where the birth took place. They may also have to identify the mother and any other family members who were present during the birth. Once the lawsuit is filed and the parties are able to proceed with filing motions, hearings and discovery. This includes the exchange of medical records and other data between the two parties. The discovery period can take up to one year or more. During this time, the parties will often try to reach a settlement. If a settlement cannot be agreed upon, the case goes to trial. This can last for several years, though many cases settle faster. Damages The process of suing begins by building a case for financial compensation. Your lawyer should have the resources required to build a solid case and take it all the way through trial, if needed. Your lawyer generally advances the entire cost of a lawsuit and only receives attorneys' fees if they can recover money for you. Your lawyer will submit a Summons and Complaint in the county court where the injury occurred. Doctors, hospitals and other providers of medical treatment become defendants. After the lawsuit has been filed, there are a number procedures that are followed. This is a stage during which the attorneys exchange information and evidence, which includes taking depositions or sworn declarations from witnesses. Causation is the most important element of a birth injury suit. You must prove that a medical professional did not fulfill their duty and that your child would not be injured if the doctor had not. The proof of damages is a crucial aspect of a legal proceeding for birth injuries. Your lawyer will work with experts to assess the full range of your losses from medical bills and loss of income to life-long care costs and emotional anxiety. Your lawyer may also try to strengthen your claim by submitting the results of other malpractice cases that have similar injuries. Your lawyer will also consider the current law for your specific injury, and will determine whether the noneconomic damages cap applies.