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 assist with emotional stress and other damages. Although it cannot undo the harm caused by the accident, it can help you and your family to move forward.
Legal action can also hold healthcare workers responsible and motivate better safety training. A skilled birth injury lawyer can assist you in navigating the legal process.
Proving Negligence
Every year thousands of babies are born with birth injuries that could have been prevented. Many times, medical mistakes and negligence on the part of doctors and other health care practitioners cause these injuries. These errors can lead to permanent disability as well as financial burdens on families. Your child and you can get compensation through a malpractice lawsuit.
Your lawyer will establish the following elements when pursuing the right to compensation in a medical malfeasance case:
Duty of Care
The defendant must have had a legal obligation to you or your child to provide high-quality medical care. This is usually determined by examining the treatment that could be given in similar circumstances or by examining what an experienced healthcare professional would have done.
Breach of Duty
You must prove that the defendant's failure to follow the standard treatment caused your child's injury. This is typically done through expert testimony or other evidence.
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When it is established that the doctor violated their duty of care, it has to be established that the failure caused your child's injury. Causation is the process of proving it. It can be difficult to link a specific act or omission to an injury However, your lawyer can make use of medical experts and other sources of evidence to make a convincing case for you.
Damages
You must demonstrate that the birth injury suffered by your child has caused economic and non-economic damages in order to be eligible for an award. This is typically proven through medical bills, medical records, photographic evidence of the injury and other forms of documentation. Your attorney can help determine the amount you are entitled to in damages by taking the estimated lifetime cost of care for the disability of your child.
A lot of these expenses could be covered by insurance, however, if the insurance company refuses to pay or refuses to cover a legitimate claim, your lawyer could bring a lawsuit on your behalf to force them to pay. If your lawyer is successful, you will be able to recover the funds you'll need to ensure the amount of care your child requires for an enjoyable and healthy life.
Establishing Damages
When a medical mistake during birth causes a permanent injury for your child, you may need to seek compensation. An attorney can assist in establishing a claim to obtain damages for your family's current and future loss. They will examine your records and work with expert to determine the standard of medical care, breach of that standard, causation, and damages.
Medical negligence claims are based 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 attorneys can help you gather documentation related to your pregnancy and doctor's appointments.
A medical standard of care is a set or practice that are accepted by a group of experts in the field, typically other doctors. Your lawyer will hire these experts to review the medical records of your child and provide a formal assessment regarding whether the medical professional was in compliance with this standard in the particulars of your case. They will also be able to determine whether the actions of the doctor deviated from the standard and whether they caused the majority of the birth injuries of your child.
You must include all current, past, and future medical costs that are related to injuries suffered by your child when calculating the amount you can claim. Additionally, you must take into account the loss of quality and other damages that are not economic. One way to estimate 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 than they actually are worth. Insurance companies could use your emotional state to convince you to accept an offer that does not fully compensate you for all the damages 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 the cost of care for their entire life.
The process of negotiating a settlement
A medical error can cause the baby to sustain an injury during birth. This could alter the life of the entire family in a flash. Families are suddenly faced with huge costs resulting due to their child's treatment and ongoing care. Settlements can ease the burden of a medical error, and provide families with hope for the future.
A skilled lawyer can make a an enormous difference in securing maximum compensation. The best attorneys are able to construct solid arguments and negotiate with insurance companies to ensure that you receive the most money possible for the needs of your child. A good attorney is ready to take the case to trial, if needed.
The most important step is to engage an attorney and legal team adept at handling birth injury cases. A quick search on the internet will yield a lot of results, and you should read information about each firm, paying attention to the number and types of cases involving birth injuries that have been tried before as well as the reviews.
After you hire a legal company, your lawyer will request copies of all relevant medical records. He or she will look over the records and find evidence of medical malpractice. This could involve bringing in other doctors to consult on the case and provide their opinions on whether the medical professionals have violated the standard of care.
Your legal team will then put together demand letters that explain the harm that you have caused to your child, and also how much you think their injuries are worth in terms of damages. The aim of the demand letter is to draw the defendants' attention and hopefully get them to settle the case out of court.
If the defendants do not agree to settle, your attorney will prepare for trial by requesting expert witnesses and depositions. Your lawyer will make use of the information obtained during discovery to secure a jury verdict or negotiate a fair settlement. Regardless of what happens, you should be aware that the defendants will have their own attorneys who are fighting to reduce the amount of settlement or verdict.
Filing a Lawsuit
After gathering and analyzing the evidence, your lawyer will help you determine the amount of damages you're entitled to. They will work with financial and medical experts to determine the kinds and amount of damages you'll require based on your child's current and future requirements. This will include the costs of medical and therapy and emotional distress and loss for your family.
The attorney will then file a lawsuit against the hospital or doctor responsible for your child's birth injury. Based on the specific case the defendants could be named. These could 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 defendants will be served with a summons and Complaint and will be given the option of filing an Answer. The parties will then undergo an investigation where they exchange evidence and information including medical records, witness testimony and other documents. This will be a series of hearings and meetings where both sides will be able to argue before a judge or jury.
After the lawsuit is filed, your attorney will help you create an argument for negligence that is strong. This includes proving the defendant has owed you and your child the duty of care. The defendant must show that he was not able to meet the standard set by the medical profession. They can prove this by examining medical records and calling in experts to testify on the proper standards of care.
Your lawyer will assist you to determine the causal connection between the breach of duty, and your child's injury. They will use the testimony of financial and medical experts to establish that the injuries were caused due to the doctor's negligence, and that the damages are reasonable.
Finally, your attorney will assist you in negotiating an agreement. Settlements are typically the best method to ensure that your child receives the amount they deserve 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 living with a birth trauma. A legal claim can be used to hold negligent healthcare providers accountable and change ineffective institutional policy that can lead to medical errors.