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 damages. Although it cannot undo the harm done by the accident, it can help you and your family move forward.
Legal actions can also hold at-fault healthcare workers accountable and motivate improved safety training. A skilled birth injury lawyer can guide you through the process of litigation.
Proving Negligence
Each year, children are born with preventable birth injuries. These injuries are often caused by medical mistakes and carelessness from doctors and other health care providers. These errors can result in an ongoing disability, as well as financial burdens for families. You and your child may 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 duty to you or your child to provide quality medical care. This is typically determined by looking at the type of care that would be provided in similar circumstances or by examining what an experienced healthcare professional would have done.
Breach of Duty
You must demonstrate that the defendant's inability to follow the standard care caused your child's injury. This is usually done through expert testimony or other evidence.
Causation
When it is established that the doctor violated their duty of care, it has to be proven that the breach caused your child's injury. This is known as the process of proving causation. It can be challenging to link a specific action or omission to a recurrence however, your lawyer will make use of medical experts and other sources of evidence to build a strong case for you.
Damages
You must prove that the birth injury of your child has caused economic and non-economic damages to be qualified for an award. Medical bills or medical records, as well as photographic evidence of the injury are typically used to demonstrate this. Your attorney can also help determine the estimated cost of care for your child's disability, which is used to calculate the total amount of damages you're entitled to.
A lot of these expenses could be covered by insurance however, if the insurance company refuses to pay or refuses to pay a valid claim, your lawyer can make a claim on your behalf to force them to pay. If the lawsuit is successful, your lawyer can recover the money you require to provide the level of care your child needs for an enjoyable and healthy life.
Establishing Damages
If a medical lapse that occurs during birth causes permanent injury to your child, it could be necessary to seek compensation. Your attorney can assist you in establishing a case to recover damages for your family's past and future losses. They will look over your medical records and collaborate with experts to determine the medical standards of care, breaches of this standard, the causation, and damages.
Medical negligence claims are built on evidence, such as detailed medical records linking the treatment provided to your child's injuries. Other evidence could include expert witness testimony as well as 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 practice is a set guidelines that are accepted by experts in the field. These experts are typically other doctors. Your lawyer will hire experts to examine your child's medical records and provide a formal assessment on whether the doctor 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 were a direct cause of the birth injuries your child suffered.
You must include all past, present, and future medical costs associated with the injuries of your child in calculating the amount you are entitled to. It is also important to take into account the loss in quality of life and other non-economic damages. The best way to calculate this is through a Life Care Plan, which is a document created with the help of financial and medical specialists to determine your child's needs throughout their life.
Insurance companies usually settle cases for less money than what they're actually worth. Insurance companies can use your emotional state as a way to convince you to accept an offer that does not fully cover the harm your child has suffered. An attorney can protect your rights and ensure you receive the amount you're entitled to for your child's medical bills or therapy expenses, as well as lifetime care costs.
The process of negotiating a settlement
When an infant suffers from an injury at birth as a result of an unintentional medical error it can alter the lives of a family in a flash. Families are suddenly faced with huge costs for their child's treatment and care. While a settlement won't reverse the damage caused by a medical error but it can ease the burden and offer hope for a brighter future.
A good lawyer can make an enormous difference in securing the maximum amount of compensation. The best attorneys are able to construct a solid case and negotiate with insurance companies and ensure that you receive the most money possible for your child's needs. A good attorney will be able to pursue your case to trial, if needed.
The first step is to find a lawyer or legal team who has experience in handling birth injuries claims. You can get a variety of results by conducting an internet 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 ask copies of all the relevant medical records. The lawyer will go through the records to find evidence of malpractice. It is possible to bring in other doctors who can give their opinion on whether or not the medical professionals have violated the standard of care.
Your legal team will create a demand letter explaining the harm done to your children, and how much you believe the damages they suffered are worth. The aim of a demand letter is to draw the defendants' attention and hopefully encourage them to settle the case out of court.
If the defendants don't agree to settle, your attorney will prepare for trial by soliciting expert witnesses and depositions. Your lawyer will use information collected during discovery to get an appeal to a verdict by the jury or negotiate a fair settlement. Be aware, regardless of what happens, that the defendants' attorneys will fight to reduce the amount of the settlement or verdict.
Filing a Lawsuit
After analyzing and gathering the evidence Your lawyer will assist you determine what damages you'll need to seek. They will collaborate with financial and medical experts to determine the types and amount you'll need in light of the present and future needs of your child. This will include the costs of therapy and medical treatments as well as emotional distress 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 suffered by your child. Depending on the circumstances, there may be multiple defendants. These include the doctor or nurse who delivered your baby, the hospital in which it occurred, and any nurses who assisted with the delivery. The defendants will be served with a Summons and Complaint and will have the option of filing an answer. The parties will then go through a period of discovery where they exchange information and evidence including testimony of witnesses, medical records and other records. birth trauma attorneys will involve a series of hearings and meetings during which both sides will be able to present their arguments before a judge or jury.
Once the lawsuit is filed, your attorney will help you create a strong case for negligence. This includes proving that the defendant owed you and your child the obligation of care. Particularly, that the defendant did not meet the standards of care as set by medical professionals in the circumstances. They can prove this by reviewing medical records and bringing in expert witnesses to testify about the appropriate standards of care.
Your lawyer will assist you to establish the causal link between the breach of duty, and the child's injury. They will make use of the testimony of medical and financial experts to demonstrate that the injuries were caused by the doctor's negligence and that the damages are appropriate.
Finally, your attorney will assist with negotiating a settlement. Settlements are usually the best method to ensure that your child receives the compensation they deserve without having to undergo an appeal.
While compensation won't reverse the mistakes made by doctors and hospital staff, it can help provide your child with long-term care and reduce the stress of living with a birth injury. A legal action can also be used to hold negligent healthcare providers accountable and to change the ineffective policy of the institution which contributes to medical mistakes.