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How Your Attorney Can Help You File a Birth Injury Claim
Financial compensation can help alleviate the burden of medical bills, therapy sessions and home and vehicle accommodations. It can also help with emotional stress and other damage. While it's not able to repair the harm done but it can help your family to move forward.
Legal actions can also hold healthcare workers at fault accountable and encourage better safety training. A skilled birth injury lawyer can guide you through the process of litigation.
Proving Negligence
Each year, babies are born with preventable birth injuries. Most often, medical errors and negligence on the part physicians and other health care practitioners cause these injuries. When these mistakes occur, 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 are entitled to through a malpractice claim.
When pursuing the compensation you deserve for a medical malpractice claim your lawyer will attempt to establish the following aspects:
Duty of Care
The defendant must have had a legal duty to you or your child to provide appropriate medical care. This is usually established by looking at the standard care provided in similar circumstances or what a skilled health professional would have done in the same situation.
Breach of Duty
You must demonstrate that the defendant's inability to follow the standard care caused your child's injury. This is typically done by expert testimony and other evidence.
Causation
It is essential to prove that the doctor's failure to provide care caused your child's injuries. This is known as proving the causality. It isn't always easy to connect a specific act or omission to an injury, but your lawyer can use medical experts and other evidence sources to establish a strong case for you.
Damages
To be eligible for a settlement, you must prove that your child's birth injury caused economic and non-economic losses. Medical bills, medical records and photographs of the injury are usually used to show this. Your attorney can also assist you to determine the estimated lifetime cost of treatment for your child's disability, which is used to calculate the amount of damages you're entitled to receive.
Your lawyer can sue your insurance company in the event that they refuse to pay or deny a valid claim. If your lawyer is successful, you will recover the money you require to provide the amount of care your child requires for an active and healthy life.
Establishing Damages
When a medical mistake during the birthing process results in permanent injuries to your child, you may have to seek compensation. An attorney can assist you establish a case and recover damages for both your family's present and future loss. They will go through your medical documents and collaborate with experts to determine the medical standard of care, breach of this standard, the causation, and damages.
Medical negligence claims are based on evidence like detailed medical records that link the care provided with your child's injuries as well as expert witness testimony, hospital policies and records, eyewitness testimony, and video evidence. The attorneys can help you collect evidence related to your pregnancy and doctor's appointments.
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 engage these experts to review your child's medical records and give a formal opinion on whether the doctor of your choice adhered to the standard of care in the context of your case. They will also be able to determine whether the doctor's actions were deviant from this standard and if they directly contributed to the cause of your child's birth injuries.
When determining the amount of damages you may claim, you must be aware of all 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 non-economic damages. One way to estimate this is through the use of a Life Care Plan, which is a document created with the help of financial and medical specialists to determine your child's needs for the rest of their life.
Insurance companies often settle cases for less than they actually are worth. They could make use of your emotions to force you to accept an agreement that doesn't compensate you for the harm your child has suffered. An attorney can protect you rights and ensure that you receive the amount you deserve for medical bills, therapy expenses, and lifetime care.
The process of negotiating a settlement
A medical error could cause a baby to sustain an injury during birth. This can alter the life of families in a matter of minutes. In a flash, families are confronted with a huge bill due to the treatment of their child and ongoing care. While winning a settlement cannot reverse the damage caused by a medical error however, it could ease the burden and give hope for a better future.
A great lawyer can make all the difference when it comes to securing the highest amount of compensation. The most skilled lawyers know how to build a solid case and negotiate with insurance companies to get you the highest amount of money for the future needs of your child. A good attorney will be able to take your case to trial if necessary.
The most important step is to engage a lawyer and legal team who are experienced in handling birth injury cases. A quick search on the internet will yield plenty of results. Additionally, you should research the background of every firm, paying close attention to the amount and type of prior birth injury cases, as well as reviews.
After hiring a legal firm, your lawyer will request copies of all pertinent medical records. The lawyer will go through the records to find evidence of negligence. It could be necessary to involve other medical professionals who can provide an opinion on whether or not the medical professionals have violated the standard care.
Your legal team will then put together an order letter that explains the harm done to your child, as well as how much you consider their injuries to be worth in terms of damages. The goal of a demand letter is to get the defendants' attention and hopefully get them to settle the case out of court.
If the defendants don't agree to settle, your attorney will prepare for trial by asking for expert witnesses and depositions. Your lawyer will use the evidence gathered during discovery to argue for a fair settlement or an appeal to a verdict by a jury. Be aware, no matter what happens, that the defense attorneys of the defendants will try to reduce the amount in the settlement or verdict.
Filing an action
After analyzing and gathering the evidence, your lawyer will help you determine the damages you're entitled to. They will collaborate with financial and medical experts to determine what types and amounts you'll need depending on the current and future requirements of your child. This will include the costs of therapy and medical treatment as well as emotional stress and loss for your family.
Your attorney will file a lawsuit to ensure that the hospital or doctor is held accountable for the birth injury that occurred to your child. Based on the circumstances there could be multiple defendants named. These include the doctor or nurse who delivered your baby, the hospital in which it took place, as well as any nurses who assisted with the delivery. The Summons and Complaint will be served to the defendants, and they will be given an opportunity to respond. AccidentInjuryLawyers will then go through an extensive process of discovery during which they exchange evidence and information including witness testimony, medical records and other documents. This will include a series hearings and meetings where both sides can argue their case before a jury or judge.
After the lawsuit is filed, your lawyer will help you create a strong case for negligence. This involves proving that the defendant owed you and your child the obligation of care. The defendant must prove that he did not adhere to the standards set by the medical profession. They can prove this by examining medical records and bringing in experts to testify regarding the proper standards of care.
Your lawyer will also assist to establish a causal link between the breach of duty and your child's injury. They will use the testimony of medical and financial experts to show that the injuries were the result of a doctor's negligence and that damages are justifiable.
Finally, your attorney will assist you in negotiating a settlement. Settlements are usually the best way to ensure that your child receives the amount they deserve without the need to go through an investigation.
Although compensation will not reverse the mistakes made by hospital and doctor staff, it can help provide the long-term needs of your child and reduce the stress of dealing with the aftermath of an injury to the birth. A legal claim may also be used to ensure that negligent healthcare providers are held accountable and to change the ineffective policy of the institution that contributes to medical errors.
