How Your Attorney Can Help You File a Birth Injury Claim
Financial compensation can reduce the burden of medical bills, therapy sessions and home and vehicle accommodations. It can also assist with emotional distress and other damages. Although it cannot undo the harm done by the accident, it can help you and your family move forward.
Legal action can also hold healthcare workers accountable and promote better safety training. A skilled lawyer for birth injuries can assist you in navigating the legal process.
Proving Negligence
Each year, children are born with injuries from birth that are preventable. These injuries are often result of medical mistakes or inattention from doctors and other health care providers. These mistakes can result in an ongoing disability as well as financial burdens for families. An attorney can assist you to get the compensation you and your child deserve through an action for malpractice.
When pursuing compensation for a medical malpractice claim Your lawyer will try to establish the following elements:
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 could be given in similar circumstances, or what a competent healthcare practitioner would have done.
Breach of Duty
It must be established that the defendant violated this obligation by failing to 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
When it is established that the doctor did not fulfill their duty of care, it has to be established that the failure caused your child's injury. This is known as proving the causation. It can be difficult to connect a specific act or omission to an injury, but your lawyer can employ medical experts and other evidence sources to make a convincing case for you.
Damages
To be eligible for a settlement, you must demonstrate that the birth injury of your child caused economic and noneconomic losses. Medical bills, medical records and photographs of the injury are commonly used to show this. Your attorney can also assist you to determine the estimated cost of care for your child's disability, which is used to determine the amount of damages you're entitled to.
Many of these costs may be covered by insurance, however, if the insurance company refuses to pay or refuses to cover a legitimate claim, your lawyer can bring a lawsuit on your behalf to force them to pay. If your lawyer is successful, you will recover the money you'll need to ensure the level of care your child requires for a healthy and happy life.
Establishing Damages
If a medical error during birth causes permanent injury to your child, it may be necessary to seek compensation. Your lawyer can assist you in building a case to obtain damages for your family's current and future losses. They will look over your medical records and work with experts to establish the medical standards of care, breaches of this standard, causation and damages.
Medical negligence claims are founded on evidence, like detailed medical records linking the care provided to your child's injuries. Other evidence includes expert witness testimony, hospital records and policies, eyewitnesses statements and video evidence. Lawyers can assist you gather documentation related to your pregnancy and doctor's visits.
A medical standard of care is a set or practice that are deemed acceptable by a group of experts in the field, usually other doctors. Your lawyer will employ experts to examine the medical records of your child and provide a formal assessment as to whether the provider was in compliance with this standard in the circumstances of your case. They will also determine if the doctor's actions were in breach of this standard and if it was the primary cause of the birth injury of your child.
In determining the amount of damages you can claim, you must be aware of all your past, present, and future medical expenses related to your child's injuries. Also, you need to take into account the loss of quality and other damages that are not economic. One way to estimate this is through the use of a Life Care Plan, which is a document developed with the help of medical and financial experts to estimate your child's needs throughout their life.
During the litigation process, insurance companies often attempt to settle cases for less than they are worth. Insurance companies could make use of your emotional state to convince you to accept an offer that does not fully cover all the damages your child has suffered. An attorney can help protect your rights and ensure you receive the amount that you deserve for medical bills, therapy expenses, and lifetime care.
The process of negotiating a settlement
A medical error can cause the baby to suffer a birth injury. This can change the life of the entire family in a flash. Families are suddenly faced with enormous expenses from their child's treatment and ongoing care. While a settlement won't erase the harm caused by a mistake made by a doctor however, it could ease the burden and offer hope for a brighter future.
A good lawyer can make a huge difference in securing the maximum amount of compensation. The most skilled lawyers know how to build a strong case and negotiate with insurance companies, getting you the highest amount of money for your child's future needs. The right attorney is also ready to go to trial, should it be necessary.
The first step is to find an attorney or legal team that has expertise in handling birth injury claims. A quick search on the internet will provide plenty of results and you should research the background of each firm, paying attention to the amount and type of prior birth injury cases as well as the reviews.
After you hire a legal company, your lawyer will request copies of all pertinent medical records. They will then review the records to identify evidence of negligence. It is possible to consult with other doctors who can give their opinion on whether or not the medical professionals have violated the standard of care.
Your legal team will then create an order letter that explains the harm done to your child as well as how much you believe their injuries are worth in terms of damages. The purpose of the demand letter is to draw the defendants' attention and hopefully prompt them to settle out of court.
If the defendants are unable to settle, your attorney will prepare you for trial by requesting depositions and expert witnesses. Your lawyer will use the information obtained through discovery to argue for a fair settlement or win an appeal to a verdict by a jury. AccidentInjuryLawyers is important to be aware, regardless of what happens, the defense attorneys of the defendants will try to reduce the amount in the settlement or jury verdict.
Filing an action
After analyzing and gathering the evidence Your lawyer will assist you determine what damages you should seek. They'll work with financial and medical experts to determine the kinds and amounts of damages you'll need depending on your child's present and future requirements. This will include the cost of therapy and medical treatment and emotional distress and loss for your family.
The attorney will then make a claim against the doctor or hospital responsible for your child's birth injury. Depending on the case, multiple defendants may be named. These could include the doctor who delivered your child, nurses who assisted during the delivery and the hospital in which the birth took place. The defendants will be served with a summons and Complaint and will have the opportunity to file an Answer. The parties will then go through an investigation where they exchange evidence and information including witness testimony, medical records and other documents. This will include a series hearings and meetings during which both sides will be able to argue their case before a jury or judge.
Your lawyer will assist you to build a strong case of negligence once the lawsuit is filed. This includes showing that the defendant had a responsibility to you and your child a duty of care. Specifically, that the defendant failed to meet the standard of care set by medical professionals in the circumstances. They can prove this by reviewing medical records or by bringing experts to testify regarding the proper standards of treatment.
Your lawyer can also help you establish a causal relationship 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 negligence of the doctor and that the damages are reasonable.
Finally, your attorney can assist you in negotiating a settlement. In most instances, settlements let your child receive the compensation they need and want without the need for an appeal.
While compensation cannot undo the mistakes made by hospital and doctor staff, it could provide your child with long-term care and ease the stress of being a parent with birth injuries. A legal claim can also make healthcare providers accountable for their negligence and alter ineffective policies of institutions that can lead to medical errors.