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How Your Attorney Can Help You File a Birth Injury Claim The financial compensation you receive can reduce the burden of therapy sessions, home and vehicle accommodation, emotional stress, and other damage. It can help your family to get on with their lives, even though it cannot undo any harm. Legal action can also hold healthcare professionals accountable and promote better safety training. A skilled lawyer for birth injuries can help you navigate the legal process. Proving Negligence Every year, babies are born with preventable birth injuries. These injuries are often caused by medical mistakes and negligence from physicians and other health care providers. These mistakes can result in permanent disability and financial burdens on families. Your child and you can be awarded damages through a lawsuit. Your lawyer will determine the following aspects when pursuing compensation in a medical negligence case: Duty of Care The defendant must have been legally bound to you or your child to provide high-quality medical care. This is usually established by looking at the standard care provided in similar circumstances, or what a competent health care practitioner would have done in the same situation. Breach of Duty You must prove that the defendant's failure to follow the standards of care caused your child's injury. This is usually accomplished through expert testimony or other evidence. Causation Once it is determined that the doctor breached their duty of care, it has to be established that the failure caused the injury to your child. This is known as finding the causality. It can be difficult to connect a specific incident to an injury. However, your lawyer can use medical professionals as well as other sources of evidence to make a convincing case for you. Damages You must prove that the birth injury of your child has caused economic and noneconomic damages in order to be qualified for an award. Medical bills and medical records as well as photographs of the injury are typically used to prove this. Accident Injury Lawyers can also help you determine the estimated lifetime cost of your child's disability. This is used to determine the total amount of damages you are entitled to receive. Your lawyer may sue your insurance company in the event that they refuse to pay or refuse to pay a valid claim. Your lawyer can help get the money you need to provide your child with the necessary care for a happy and healthy life. Establishing Damages If a medical mistake that occurs during birth causes permanent injury to your child, it may be necessary to seek compensation. An attorney can assist you build a case and obtain damages for your family's current and future losses. They will look over your medical records and work with experts to establish the medical standards of care, breaches of this standard, the causation, and damages. Medical negligence claims are based on evidence, such as medical records that link the care provided with your child's injuries, expert witness testimony, hospital policies and records, eyewitness declarations, and video evidence. The lawyers can also help you collect documents that pertain to your pregnancy, doctor visits, and medical procedures. A medical standard of practice is a set practices that are considered acceptable by experts in the field. These experts are typically other doctors. Your lawyer will employ these experts to review your child's medical records and give a formal opinion on whether the doctor was in compliance with this standard in the circumstances of your case. They will also be able to determine whether the actions of the doctor deviated from this standard and if they were a direct cause of the birth injuries of your child. When determining the amount of damages you are able to claim, you must consider all of your past, present, and future medical expenses due to your child's injuries. Also, you must consider the loss in quality of life and other damages that are not economic. One way to estimate this is through the use of a Life Care Plan, which is a document that was created with the help of medical and financial experts to estimate your child's needs for the rest of their life. In the course of litigation, insurance companies will often try to settle cases at a lower price than they're worth. They may use your emotional state to pressure you into accepting a settlement that does not fully compensate you 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 your child's medical bills or therapy expenses, as well as the cost of care for their entire life. The process of negotiating a settlement A medical error can cause an infant to sustain a birth injury. This can change the life of a family in an instant. Families are suddenly faced with enormous expenses due to their child's treatment and ongoing treatment. A settlement can help alleviate the burden of a medical mistake, and give families hope for the future. A skilled lawyer can make a an enormous difference in getting maximum compensation. The most skilled lawyers know how to build a strong case and negotiate with insurance companies, getting you the highest amount of money to meet the future needs of your child. A good attorney is ready to take the case to trial if necessary. The first step is to find a lawyer or legal team who has expertise in handling birth injury claims. You can locate a wide range of results with a simple internet search. Find out more about each firm and pay attention to reviews and the number of birth injury cases they have handled in the past. After hiring a legal firm the lawyer you choose will request copies of all relevant medical records. They will then review the documents to determine evidence of malpractice. This could include inviting other doctors to consult on the case and provide their opinions on whether the medical professionals violated the standards of care. Your legal team will then put together a demand letter that explains the harm that you have caused to your child, as well as the amount you think their injuries are worth in terms of damages. The purpose of the demand letter is to draw the defendants' attention and hopefully get them to settle out of court. If the defendants don't agree to settle, your lawyer will prepare for trial by requesting expert witnesses and depositions. Your lawyer will use the information obtained during discovery to secure a jury verdict or negotiate a fair settlement. 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 a Lawsuit After analyzing and gathering evidence, your attorney will help you determine what damages you need to seek. They'll work with financial and medical experts to determine the types and amount of damages you'll need depending on your child's present and future requirements. This includes the cost of medical treatment and therapy as well as your family's emotional stress and loss. Your lawyer will then bring a lawsuit to ensure that the hospital or doctor is held accountable for the birth injury suffered by your child. Depending on the case the defendants could be named. This includes the doctor or nurse who delivered your baby, the hospital in which it occurred, and any nurses who assisted in the delivery. The defendants will be served with a Summons and Complaint and will have the opportunity to file an Answer. The parties will be subject to an investigation period during which they exchange documents, witness testimony as well as medical records and other evidence. This will also include hearings and meetings where both sides will present their arguments before a jury or a judge. Once the lawsuit is filed, your attorney will assist you in constructing an argument for negligence that is strong. This includes showing that the defendant was liable to you and your child the duty of care. The defendant must show that he was not able to meet the standards established by the medical community. They can prove this by examining medical records and bringing in experts to testify regarding the proper standards of care. Your lawyer will help you determine the causal link between the breach of duty and your child's injury. They will use the testimony from financial and medical experts to show that the injuries were caused because of the negligence of a doctor, and that the damages are reasonable. Then, your attorney will assist you in negotiating a settlement. In the majority of instances, settlements allow your child to get the money they require and want without going through an investigation. Compensation cannot undo the mistakes of hospital staff and doctors. However, it can help to ensure the long-term health needs of your child, and help reduce the stress of having a child with a birth trauma. A legal claim can be used to ensure that negligent healthcare providers are held accountable and alter ineffective policies of institutions which contributes to medical mistakes.