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How Your Attorney Can Help You File a Birth Injury Claim Financial compensation can help reduce the burden of medical bills, therapy sessions and accommodation for your vehicle and home. It can also assist with emotional distress and other damages. While it isn't able to reverse the harm done, it can help your family move forward. Legal action can also hold at-fault healthcare workers accountable and help improve safety training. A qualified birth injury lawyer can help you navigate the process of litigation. Proving Negligence Every year thousands of babies are born with birth injuries that could have been prevented. Most often, medical errors and inattention on the part of physicians and other health care practitioners contribute to these injuries. If these errors are made they can cause lifelong disability and enormous financial burdens for families. Your attorney can help you obtain the compensation you and your child deserve through a malpractice claim. Your lawyer will establish the following elements when pursuing the right to compensation in a medical malfeasance case: Duty of Care The defendant must have owed you or your baby a legal obligation to provide quality health medical care. This is typically determined by looking at the type of care that could be given in similar circumstances or by examining what a competent healthcare practitioner would have done. Breach of Duty You must demonstrate that the defendant's inability to follow the standard treatment caused your child's injury. This is typically done through expert testimony or other evidence. Causation It is important to show that the doctor's failure to provide proper care led to the injuries to your child. Causation is the method of proving it. It can be challenging to link a specific action or omission with an injury However, your lawyer can employ medical experts as well as other evidence sources to build a strong case for you. Damages To be eligible for a settlement you must demonstrate that your child's birth injury resulted in economic and non-economic losses. This is typically proven through medical bills, medical records, photographic evidence of the injury and other documentation. Your attorney can also help determine the estimated cost of treatment for your child's disabilities, which is used to determine the amount of damages that you are entitled to receive. Your lawyer can take action against your insurance company if they refuse to pay out or deny an actual claim. Your lawyer can assist you to find the money needed to give your child the care they need to lead a happy and healthy life. Establishing Damages When a medical mistake during birth causes a permanent injury for your child, you may have to seek compensation. Your lawyer can help you build a case and obtain damages for both your family's future and current losses. They will look over your medical records and work with experts to determine the medical standard of care, breach of this standard, the causation, and damages. AccidentInjuryLawyers are founded on evidence, such as detailed medical records linking the treatment you received to your child's injuries. Other evidence may include expert witness testimony as well as hospital records and policies, eyewitnesses' testimony, and video evidence. The lawyers can also help you collect evidence related to your pregnancy, doctor visits, and medical procedures. A medical standard of care is a set of guidelines that are deemed acceptable by experts in the field, usually other doctors. Your lawyer will employ experts to examine the medical records of your child. They will provide a formal opinion on whether the medical professional was in compliance with the standards in your case. They will also determine if the doctor's actions violated of this standard and if it was the primary cause of your child's birth injury. In determining the amount of damages you are able to claim it is important to take into account all your past, present and future medical expenses due to your child's injuries. It is also important to think about the loss of quality of life as well as other damages that are not economic. This can be determined using the Life Care Plan. This is a plan that was developed with the assistance of financial and medical experts to determine your child's requirements throughout their entire life. Insurance companies usually settle cases for less than they actually are worth. Insurance companies could utilize your emotional state as a way to force you to accept an offer that does not fully pay for the harm your child has suffered. An attorney can defend your rights and ensure that you get the amount you're entitled to for therapy costs, medical bills expenses, and lifetime treatment. Negotiating a Settlement If a child suffers a birth injury due to an unintentional medical error, it can transform the lives of a family in a flash. Families are suddenly faced with huge costs for their child's medical and treatment. Although a settlement can't undo the harm caused by a medical error however, it could ease the burden and provide hope for an improved future. A good lawyer can make a huge difference in securing the highest amount of compensation. The best attorneys understand how to build a strong case and negotiate with insurance companies, ensuring you the best amount of money for the future needs of your child. The right attorney will also be prepared to go to trial if necessary. The first step is to find an attorney or legal team with expertise in handling birth injury claims. You can find many results by conducting a simple internet search. Learn about each firm, and look at reviews and the number of birth injury cases they have handled in the past. After you have hired a legal team, your lawyer will request copies of all pertinent medical records. He or she will review the records to identify evidence of negligence. It may be necessary to involve other medical professionals who can give their opinion on whether the medical professionals have violated the standard of medical procedure. Your legal team will create a demand letter explaining the harm done to your children and the amount you believe their injuries are worth. The aim of a demand letter is to attract the defendant's attention and hopefully get them to settle the case out of court. If the defendants do not agree to settle, then your lawyer will prepare you for trial by asking depositions and expert witnesses. Your lawyer will use the information gathered through discovery to argue for a fair settlement or an appeal to a verdict by a jury. No matter what happens, you should be aware that the defendants will have their own lawyers who fight to reduce the amount of settlement or verdict. Filing an action After analyzing evidence and gathering the necessary information, your attorney will help you determine what damages you need to seek. They'll work with financial and medical experts to identify the types and amounts of damages you'll require based on your child's current and future requirements. This includes the cost of therapy and medical treatments and emotional distress and loss for your family. The attorney will then make a claim against the doctor or hospital responsible for your child's birth injury. Depending on the case there could be multiple defendants named. These could include the doctor or nurse who delivered your baby, the hospital at which it occurred, and any nurses who assisted in the delivery. The defendants will be served with a summons and Complaint and will be given the option of filing an Answer. The parties will go through an investigation period during which they exchange documents witnesses' testimony, documents as well as medical records and other evidence. This will involve a series of hearings and meetings in which both sides will be able to argue their case before a jury or a judge. When the lawsuit is filed, your lawyer will help you build an evidence-based case of negligence. This involves proving that the defendant was liable to you and your child the duty of care. Particularly, that the defendant was not able to meet the standard of care as set by medical professionals in the circumstances. They can prove this by reviewing medical records and inviting expert witnesses to testify about the appropriate standards of care. Your attorney will also help you establish a causal relationship between the breach of duty and the injury to your child. They will rely on the testimony of medical and financial experts to show that the injuries were the result of a doctor's negligence and that damages are appropriate. Then, your attorney will assist you in negotiating the settlement. In the majority of cases, settlements let your child receive the compensation they need and want without the need for an appeal. Compensation will not reverse the mistakes of hospital staff and doctors. However it can meet the long-term needs of your child, and help reduce the stress associated with having a child with a birth trauma. A legal case can bring healthcare providers to account for negligent practices and change ineffective institutional policies that can lead to medical errors.