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How Your Attorney Can Help You File a Birth Injury Claim The financial compensation you receive can ease the burden of medical bills, therapy sessions, home and vehicle accommodations, emotional distress and other damages. It can assist your family progress, even if it cannot undo any harm. Legal actions can also hold the at-fault healthcare professionals accountable and motivate improved safety training. A qualified birth injury lawyer can guide you through the process of litigation. Proving Negligence Every year thousands of children are born with birth injuries that could have been prevented. Often, medical mistakes and inattention on the part of doctors and other health professionals cause these injuries. These errors can result in permanent disability, as well as financial burdens for families. You and your child may recover damages through a malpractice lawsuit. If you are seeking the compensation you deserve for a medical malpractice claim your lawyer will attempt to establish the following components: Duty of Care The defendant must have had a legal duty to you or your child to provide quality medical care. This is usually established by looking at the usual medical treatment that is provided in similar situations or what a qualified health care practitioner would have done in the same situation. Breach of Duty It must be proven that the defendant breached this duty by failing to comply with the standards of care, which directly led to your child's injuries. This is usually done through expert testimony or other evidence. Causation If it is determined that the doctor breached their duty of care, it has to be shown that this failure caused your child's injury. This is known as finding the causation. It isn't always easy to connect a specific act or omission to an injury However, your lawyer can employ medical experts and other evidence sources to build a strong case for you. Damages You must prove that the birth injury suffered by your child has caused economic and non-economic damage in order to be qualified for an award. This is typically demonstrated through medical bills, medical records, photographic evidence of the injury and other forms of documentation. Your attorney can help calculate the total amount you are entitled to in damages by calculating the estimated lifetime costs of care for the disability of your child. Your lawyer can take action against your insurance company if they fail to pay or refuse to pay an actual claim. If your lawyer is successful, you can recover the money you need to provide the care your child requires for a healthy and happy life. Establishing Damages If a medical mistake during birth causes permanent injury to your child, it could be necessary to seek compensation. An attorney can assist in establishing a claim to recover damages for your family's past and future losses. They will look over your medical documents and work with experts to determine the medical standard of care, the breach of this standard, causation, and damages. Medical negligence claims rely on evidence such as detailed medical records that link the treatment provided to your child's injuries, expert witness testimony hospital policies and records, eyewitness statements, and video evidence. Attorneys can also assist you collect evidence related to your pregnancy, doctor's appointments, and medical procedures. A medical standard of care is a set or practice that are deemed acceptable by an expert group in the field, usually other doctors. Your lawyer will employ experts to examine the medical records of your child. They will provide an opinion in writing on whether the medical professional was in compliance with the guidelines in your particular case. They will also determine if the doctor's actions were in breach of this standard, and if that was the direct cause of your child's birth injury. You must include all current, past, 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. toledo birth injury attorneys can be determined with a Life Care Plan. This is a plan that was developed with the assistance of medical and financial experts to estimate your child’s needs throughout their lifetime. During the litigation process, insurance companies often seek to settle cases for less than they're worth. They may use your emotional state to convince you to accept a settlement that doesn't fully compensate you for the damage your child has suffered. An attorney can safeguard your rights and ensure you receive the amount you're entitled to for your child's medical bills or therapy expenses, as well as expenses for care throughout their lives. The process of negotiating a settlement An error in medicine can cause a baby to sustain an injury to their birth. This can alter the life of families in a matter of minutes. Families are suddenly faced with huge costs for their child's ongoing care and treatment. A settlement can help ease the burden of a doctor's mistake, and give families hope for the future. A good lawyer can make the difference when it comes to securing maximum compensation. The best attorneys understand how to build a strong case and negotiate with insurance companies, ensuring you the most money to meet the future needs of your child. A good attorney is prepared to go to trial, if needed. The most important thing to do is to hire a lawyer and legal team who are experienced in handling birth injury cases. You can locate a wide range of results by conducting an online search. Read information about each firm, and pay attention to reviews and the number of birth injury cases they have handled in the past. After hiring a legal firm Your lawyer will request copies of all pertinent medical records. He or she will examine the records and determine evidence of medical malpractice. This may involve inviting other doctors to review the situation and give their opinions as to whether the medical professionals violated the standard of care. Your legal team will then prepare a demand letter that explains the harm caused to your children, and how much you think their injuries are worth. The purpose of the demand letter is to get the defendants' attention and hopefully prompt them to settle their case outside 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 make use of the information gathered through discovery to argue for a fair settlement or win a jury verdict. 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 analyzing and gathering the evidence After analyzing the evidence, your lawyer will help you determine the amount of damages you'll need to seek. They will collaborate with financial and medical experts to determine the kinds and amount of damages you'll require depending on your child's present and future requirements. This will include the cost of medical and therapy and your family's emotional distress and loss. Then your attorney will make a claim against the doctor or hospital responsible for the birth injury of your child. Depending on the case, multiple defendants may be named. These include the doctor or nurse who delivered your baby, the hospital at which it occurred, and any nurses who assisted in the delivery. The defendants will be served with a Summons and Complaint and will be given the opportunity to file an Answer. The parties will then go through an investigation where they exchange information and evidence including witness testimony, medical records, and other documents. This will involve a series of hearings and meetings where both sides can present their arguments before a jury or a judge. Your lawyer will assist you build a solid case of negligence after the lawsuit is filed. This includes proving the defendant has owed you and your child the duty of care. Particularly, the defendant was not able to meet the standard of care set by medical professionals in the circumstances. They can prove this by examining medical records and inviting experts to testify regarding the proper standards of care. Your lawyer will help you establish the causal link between the breach of duty, and the injury to your child. They will use the testimony from medical and financial experts in order to prove that the injuries were caused because of the negligence of a doctor, and that the damages are fair. Finally, your attorney will assist you in negotiating a settlement. Settlements are often the best way to ensure that your child gets the compensation they deserve without having to go through a trial. Compensation will not reverse the mistakes of hospital staff and doctors. However it can ensure the long-term health needs of your child and reduce the stress of living with a birth trauma. A legal claim can be used to hold negligent healthcare providers accountable and change ineffective institutional policy that contributes to medical errors.