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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 medical bills, therapy sessions, vehicle and home accommodations, emotional distress, and other damage. It can help your family get on with their lives, even though it cannot undo any harm. Legal actions can also hold the at-fault healthcare professionals accountable and motivate improved safety training. A skilled lawyer for birth injuries can guide you through the legal process. Proving Negligence Every year, thousands of children are born with birth injuries which could have been avoided. Often, medical mistakes and negligence on the part doctors and other health professionals contribute to these injuries. These errors can lead to a lifelong disability, as well as financial burdens on families. An attorney can assist you to recover the damages you and your child are entitled to through a malpractice claim. In the event of pursuing compensation for a medical negligence claim your lawyer will attempt to establish the following elements: Duty of Care The defendant must have been liable to you or your child a legal obligation to provide quality health treatment. This is usually determined by looking at the standard treatment provided in similar circumstances or what a skilled health care practitioner would have done in the same circumstance. Breach of Duty You must demonstrate that the defendant's inability to follow the standard treatment caused your child's injury. This is usually done through expert testimony or other evidence. Causation Once it is determined that the doctor breached their duty of care, it must be proven that the breach caused the injury to your child. Causation is the process of proving it. It can be difficult to link a specific action or omission with an injury however, your lawyer will make use of medical experts and other evidence sources to build a strong case for you. Damages To be eligible for a settlement you must prove that your child's birth injury caused economic and noneconomic losses. This is typically proven through medical bills, medical records, photographic evidence of the injury and other evidence. Your attorney can also help you determine the estimated lifetime cost of treatment for your child's disability, which is used to determine the amount of damages you are entitled to receive. Your lawyer can sue your insurance company if they fail to pay or deny an appropriate 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 the birthing process results in a permanent injury for your child, you may have to seek compensation. Your attorney can help you build an argument and seek damages for your family's future and current loss. They will look over your medical records and collaborate with experts to establish the medical standard of care, the breach of this standard, causation and damages. Medical negligence claims are based on evidence, such as medical records that link the care you receive with your child's injuries as well as expert witness testimony, hospital policies and records, eyewitness testimony and video evidence. The attorneys can also help you collect evidence that pertain to your pregnancy, doctor's appointments, and medical procedures. A medical standard of practice is a set guidelines that are accepted by experts in the field. These experts are usually other doctors. Your lawyer will hire experts to look over the medical records of your child. They will provide an official opinion on whether the doctor was in compliance with the standards in your case. They will also determine if the doctor's actions were in breach of this standard, and whether that was a direct cause for your child's birth injury. In determining the amount of damages you can claim, you must consider all of your past, present, and future medical expenses relating to your child's injuries. It is also important to consider the loss of quality of life as well as other damages that are not economic. The best way to calculate this is through the use of a Life Care Plan, which is a document that was created with the assistance of medical and financial specialists to estimate your child's needs throughout their life. Insurance companies usually settle cases for less than what they're actually worth. They could employ your emotional state to convince you to accept a settlement that does not fully cover the harm your child has suffered. An attorney can protect you rights and ensure you receive the amount you deserve for therapy, medical expenses, and for lifelong treatment. The process of negotiating a settlement A medical error can cause a baby to suffer a birth injury. This can alter the life of families in a matter of minutes. Families are suddenly faced with huge costs resulting due to their child's treatment and ongoing treatment. A settlement could ease the burden of a doctor's error, and provide families with hope for the future. A skilled lawyer can make the difference in getting the most compensation. medical malpractice birth injury know how to create solid arguments and negotiate with insurers to ensure that you receive the most money you can for your child's needs. The right attorney is also prepared to go to trial if necessary. The first step is to locate a lawyer or legal team who has experience in handling birth injuries claims. A simple internet search should yield plenty of results. Additionally, you should research the background of each firm, paying attention to the number and types of birth injury cases that they have handled in the past as well as the reviews. After hiring a legal firm Your lawyer will ask for copies of all relevant medical records. He or she will review the documents to determine evidence of negligence. This may involve the involvement of other physicians to consult on the case and give their opinion as to whether the medical professionals have violated the standard of care. Your legal team will put together a demand letter that explains the harm caused to your child, as well as how much you consider their injuries to be worth in terms of damages. The aim of demand letters is to get the defendants' attention and hopefully prompt them to settle the case out of court. If the defendants do not agree to settle, your lawyer will prepare for trial by asking for expert witnesses and depositions. Your lawyer will use the information gathered during discovery to win the verdict of a jury or negotiate an equitable settlement. Whatever happens, you should be aware that the defendants will have their own lawyers who are fighting to reduce the amount of the settlement or verdict. Filing an action After analyzing and gathering evidence, your attorney will help you determine the damages you need to seek. They will work with medical and financial experts to determine the types and amounts you'll need depending on the current and future needs of your child. This will include the costs of medical treatment and therapy as well as your family's emotional turmoil and loss. Then your attorney will make a claim against the hospital or doctor responsible for the birth injury your child suffered. Depending on the case, multiple defendants may be named. These could include the doctor who delivered your child, the nurses who assisted during the delivery and the hospital in which the birth occurred. The defendants will be served with an Order 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 medical records, and other evidence. This will be a series of hearings and meetings during which both sides can present their arguments before a jury or judge. Your lawyer will assist you to build a strong case of negligence once the lawsuit is filed. This involves showing that the defendant had a responsibility to you and your child a duty of care. Particularly, the defendant failed to meet the standard of care as set by the medical community in the circumstances. They can prove this by looking over medical records and bringing in experts to testify on the appropriate standards of care. Your lawyer can also help you establish a causal connection between the breach of duty and the child's injury. They will make use of the testimony of financial and medical experts to demonstrate that the injuries were the result of a doctor's negligence and that damages are reasonable. Lastly, your attorney will assist you in negotiating a settlement. In the majority of cases, settlements will let your child get the money they need and desire without having to go through an appeal. While compensation cannot undo the mistakes made by hospital and doctor staff, it can provide your child with long-term care and ease the burden of being a parent with birth injuries. A legal action can also be used to hold negligent healthcare providers accountable and change ineffective institutional policy that can lead to medical errors.