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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, vehicle and home accommodations, emotional distress and other damage. While it's not able to repair the harm caused by the accident, it can help you and your family to move forward. Legal action can also hold healthcare professionals accountable and encourage better safety training. An experienced birth injury lawyer can assist you through the process of litigation. Proving Negligence Every year, thousands of children are born with birth injuries that could have been prevented. These injuries are usually caused by medical mistakes and inattention from doctors as well as other health care professionals. If these errors are made, it can result in permanent disability, as well as huge financial burdens for families. You and your child may recover damages through a malpractice lawsuit. Your lawyer will determine the following aspects when pursuing compensation in a medical negligence case: Duty of Care The defendant must have had a legal obligation to you or your child to provide quality medical treatment. This is typically determined by looking at the type of care that could be given in similar circumstances or what an experienced healthcare professional would have done. Breach of Duty You must establish that the defendant's failure to adhere to the standard of care for your child caused the injury. This is typically done by expert testimony and other evidence. Causation Once it is determined that the doctor did not fulfill their duty of care, it must be established that the failure caused your child's injury. This is known as proving the causation. It can be difficult to connect a specific act or omission to a recurrence However, your lawyer can make use of medical experts as well as other evidence sources to make a convincing case for you. Damages To be eligible for a settlement you must prove that the birth injury of your child resulted in economic and non-economic losses. This is typically demonstrated through medical bills and medical records, photographs, evidence of the injury and other forms of documentation. Your attorney can also assist you to determine the estimated lifetime cost of your child's disabilities, which is used to determine the amount of damages that you are entitled to receive. Your lawyer may sue your insurance company if they fail to pay or deny an actual claim. If the lawsuit is successful, your lawyer can recover the money you require to provide the care your child requires to live a healthy and happy life. Establishing Damages When a medical mistake during the birthing process results in an injury that is permanent to your child, you may have to seek compensation. Your attorney can assist you in establishing a claim to recover damages for your family's current and future losses. They will examine your documents and work with experts to establish the medical standard care, breach of that standard, causation and damages. Medical negligence claims are built on evidence, like complete medical records relating the treatment provided to your child's injuries. Other evidence may include expert witness testimony, hospital records and policies, eyewitnesses' testimony, and video evidence. The lawyers can also help you collect documents related to your pregnancy, doctor's appointments, 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 hire experts to examine your child's medical records and give a formal opinion on whether the doctor was in compliance with the standard of care in the context of your case. They can also determine if the doctor's actions deviated from the standard and whether they were a direct cause of your child's birth injuries. You must include all current, past, and future medical costs related to the injuries of your child when calculating the amount that you can claim. Additionally, you must consider the loss of quality and other non-economic damages. A good way to calculate this is to use a Life Care Plan, which is a document developed with the assistance of financial and medical specialists to determine the needs of your child for the rest of their life. Insurance companies usually settle cases for less money than what they're actually worth. Insurance companies may make use of your emotional state to pressure you into accepting an offer that doesn't fully compensate you for the harm your child has suffered. An attorney can safeguard your rights and ensure you receive the amount you're entitled to for medical bills for your child or therapy expenses, as well as lifetime care costs. Negotiating a Settlement When a baby suffers an injury at birth as a result of a medical mistake the impact can change the life of a family in a matter of minutes. Families are suddenly faced with enormous expenses from their child's treatment and ongoing care. Settlements can ease the burden of a doctor's error, and provide families with hope for the future. A skilled lawyer can make the difference in securing the highest amount of compensation. The best lawyers know how to build a solid case and negotiate with insurance companies to get you the highest amount of money for your child's future needs. A good attorney is prepared to bring the case to trial, if needed. The most important thing to do is to hire a lawyer and legal team that are experienced in handling birth injury cases. You can locate a wide range of results with an online search. Find out more about each firm and be sure to read 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 the relevant medical records. Accident Injury Lawyers or she will review the documents to determine evidence of malpractice. This could involve the involvement of other physicians to review the situation and give their opinions on whether the medical professionals have violated the standard of care. Your legal team will create demand letters that explain the harm done to your child and also how much you believe their injuries are worth in terms of damages. A demand letter is intended to attract the attention of the defendant and encourage them to settle out of court. If the defendants refuse to settle, your lawyer will prepare you for trial by asking depositions and expert witnesses. Your lawyer will use information gathered during discovery to win the verdict of a jury or negotiate a fair settlement. Whatever happens, you should be aware that the defendants will have their own lawyers who will fight to lower the amount of settlement or verdict. Filing a Lawsuit After analyzing and gathering evidence Your attorney will assist you determine the damages you'll need. They will work with financial and medical experts to determine the kinds and amount of damages you'll require depending on your child's present and future needs. This will include the costs of medical treatment and therapy as well as your family's emotional stress and loss. Your lawyer will then make a claim to ensure that the hospital or doctor is held accountable for the birth injury suffered by your child. Based on the circumstances, there could be multiple defendants. This includes the doctor or nurse who delivered your baby, the hospital where it occurred, and any nurses who assisted in the delivery. Defendants will be served with an Order and Complaint and will have the opportunity to file an Answer. The parties will then go through an investigation where they exchange information and evidence including witness testimony, medical records, and other documents. This will include a series hearings and meetings in which both sides will be able to argue before a judge or jury. Your lawyer will assist you build a solid case of negligence after the lawsuit has been filed. This involves proving that the defendant was liable to your child and you a duty of caring. The defendant must show that he did not meet the standards set by the medical profession. They can prove this by looking over medical records and calling in experts to testify on the proper standards of care. Your lawyer will help you determine the causal link between the breach of duty, and the child's injury. They will rely on the testimony of medical and financial experts to show that the injuries were the result of a negligence of the doctor and that the damages are appropriate. Additionally, your lawyer can assist you in negotiating the settlement. Settlements are often the best way to ensure that your child receives the amount they are due without having to go through an appeal. Compensation is not able to reverse the errors of hospital staff and doctors. However, it can help to meet the long-term needs of your child and reduce the stress associated with dealing with the trauma of birth. A legal claim can also make healthcare providers accountable for their negligence and help change the ineffective policies of the institution which contribute to medical mistakes.