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How Your Attorney Can Help You File a Birth Injury Claim Obtaining financial compensation can alleviate the burden of therapy sessions, home and vehicle accommodations, emotional distress, and other damages. While it's not able to repair the damage but it can help your family members move forward. Legal action can also hold healthcare workers at fault accountable and encourage better safety training. A qualified birth injury lawyer can guide you through the legal process. Proving Negligence Every year thousands of children are born with birth injuries which could have been avoided. These injuries are usually caused by medical errors and negligence from physicians and other health care providers. If these errors are made, it can result in permanent disability, as well as huge financial burdens for families. Your lawyer can help you obtain the compensation you and your child deserve through a malpractice claim. In the event of pursuing compensation for a medical negligence claim, your lawyer will work to establish the following components: Duty of Care The defendant must have been liable to you or your child the legal obligation of providing high-quality health medical care. This is usually determined by examining the treatment that was provided in similar circumstances, or what an experienced healthcare professional would have done. Breach of Duty It must be proven that the defendant acted in violation of this duty by failing adhere to the standard of care, which resulted in the injuries to your child. This is usually done through expert testimony or other evidence. Causation It is crucial to show that the doctor's failure to provide care caused the injuries to your child. This is known as the process of proving causation. It can be hard to link a specific action to an injury. However your lawyer can make use of medical experts and other sources of proof to make a convincing case for you. Damages You must prove that the birth injury suffered by your child resulted in economic and non-economic damage to be eligible for an award. This is usually demonstrated by medical bills, medical records, photographic evidence of the injury, and other evidence. Your attorney can help you determine the amount you are entitled to in damages by formulating the estimated lifetime costs of care for the disability of your child. Many of these costs could be covered by insurance, however, if your insurance provider refuses to pay or denies a valid claim, your lawyer can bring a lawsuit on your behalf to make them pay. Your lawyer can assist you to get the money you need to give your child the attention they require to lead a happy and healthy life. Establishing Damages If a medical mistake that occurs during birth causes permanent injury to your child, it could be necessary to seek compensation. Your lawyer can help you create a case and recover damages for your family's present and future losses. They will review your documents and work with an expert to establish the medical standard of care, the breach of that standard, the causation and damages. Medical negligence claims are founded on evidence, like detailed medical records that link the care provided to your child's injuries. Other evidence may include expert witness testimony, hospital records and policies, eyewitnesses' statements and video evidence. The lawyers can also help you gather documents related 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 typically other doctors. Your lawyer will hire these professionals to review the medical records of your child and give an official opinion on whether the provider in question adhered strictly to the guidelines in your case. They will also be able to determine whether the doctor's actions were deviant from the norm and if they were a direct cause of the birth injuries of your child. In determining the amount of damages you can claim it is important to take into account all your past, present, and future medical expenses relating to the injuries your child sustained. It is also important to consider the loss of quality of life and other damages that are not economic. This can be calculated using the Life Care Plan. This is a document that was created with the help of medical and financial experts to determine your child's needs throughout their lifetime. In the course of litigation, insurance companies will often seek to settle cases at a lower price than they're worth. They can make use of your emotions to force you to accept 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 medical bills, therapy expenses, and lifetime treatment. Negotiating a Settlement When an infant suffers from a birth injury due to an unintentional medical error the impact can change a family's life in a matter of minutes. Families are suddenly faced with a huge bill 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 great lawyer can make all the difference in securing maximum compensation. The best lawyers know 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 able to go to trial if necessary. The most important thing to do is to engage a lawyer and legal team experienced in handling birth injury cases. You can get a variety of results with an online search. Read information 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 relevant medical records. He or she will examine the records and determine evidence of medical malpractice. This could involve bringing in other doctors to review the situation and give their opinion regarding whether the medical professionals violated the standards of care. Your legal team will create a demand letter that explains the harm that you have caused to your child, as well as the amount you believe their injuries are worth in terms of damages. The aim of demand letters is to draw the defendants' attention and hopefully prompt them to settle the case out of court. If the defendants refuse to settle, your lawyer will prepare your case for trial by requesting depositions and expert witnesses. Your lawyer will use the information obtained 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 a Lawsuit After analyzing and analyzing the evidence, your lawyer will help you determine what damages you'll need to seek. They will work with financial and medical experts to determine the types and amount you'll need depending on the current and future needs of your child. This includes the cost of medical and therapy as well as emotional stress and loss for your family. Your attorney will make a claim to ensure that the hospital or doctor is held accountable for the birth injury of your child. Based on the specific case the defendants could be named. Accident Injury Lawyers could include the doctor who delivered your child, the nurses who assisted during delivery and the hospital where the birth occurred. The Summons and Complaint will be sent to the defendants, and they will be given an opportunity to file a response. The parties will go through an investigation period during which they exchange documents witnesses' testimony, documents medical records, and other evidence. It will also involve hearings and meetings where both sides can argue their case to a judge or jury. When the lawsuit is filed, your lawyer will help you create an evidence-based case of negligence. This includes proving that the defendant has owed you and your child a duty of care. The defendant must show that he was not able to adhere to the standards established by the medical community. They can prove this by reviewing medical records and inviting expert witnesses to testify about the proper standards of care. Your lawyer will also assist you establish a causal relationship between the breach of duty and your child's injury. They will use the testimony of financial and medical experts to show that the injuries were caused by the negligence of the doctor and that the damages are fair. Finally, your attorney can assist you in negotiating an agreement. Settlements are usually the best way to ensure that your child receives the compensation they deserve without the need to go through a trial. Compensation cannot undo the mistakes of hospital staff and doctors. However it can ensure the long-term health needs of your child and reduce the stress of having a child with a birth trauma. A legal action can make healthcare providers accountable for their negligence and alter ineffective policies of institutions that contribute to medical errors.