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How Your Attorney Can Help You File a Birth Injury Claim Obtaining financial compensation can alleviate the burden of medical bills, therapy sessions, home and vehicle accommodations, emotional distress and other damages. While it's not able to repair the damage but it can help your family members move forward. Legal actions could also hold healthcare workers accountable and promote better safety training. A qualified birth injury lawyer can help you navigate 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 physicians and other health care practitioners contribute to these injuries. If these errors are made and cause injury, it could result in permanent disability and huge financial burdens for families. You and your child may be awarded damages through a lawsuit. Your lawyer will determine the following aspects when pursuing compensation in a medical negligence 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 typically established by looking at the standard care provided in similar circumstances or what a skilled health care practitioner would have done in the same situation. Breach of Duty It must be established that the defendant breached this duty by failing to follow the standard of care, which resulted in your child's injuries. washington birth injury attorneys is typically done through expert testimony or other evidence. Causation It is crucial to show that the doctor's failure to provide the proper care caused your child's injuries. Causation is the process of proving it. It can be difficult to connect an action to an injury. However your lawyer can use medical experts as well as other sources of evidence to build a strong argument for you. Damages To be eligible for a settlement you must demonstrate that your child's birth injury resulted in economic and non-economic losses. Medical bills or medical records, as well as photographs of the injury are typically used to prove this. An attorney can assist you determine the total amount you are entitled to in damages by taking the estimated lifetime cost of the care of your child. Many of these costs may be covered by insurance however, if the insurance company refuses to pay or refuses to pay a valid claim, your lawyer may file a lawsuit on your behalf to make them do so. Your lawyer can help recover the money needed to give your child the necessary care to live a healthy and happy life. Establishing Damages If a medical error during birth results in permanent injury to your child, it could be necessary to seek compensation. An attorney can assist you create a case and recover damages for both your family's present and future losses. They will look over your medical documents and work with an expert to establish the medical standard of care, breach of that standard, causation, and damages. Medical negligence claims are based on evidence, such as medical records that connect the care you receive with your child's injuries, expert witness testimony, hospital policies and records, eyewitness statements, and video evidence. The attorneys can also help you gather documents regarding your pregnancy, doctor visits, and medical procedures. A medical standard of care is a set of practices that is deemed acceptable by a group of experts in the field, typically other doctors. Your lawyer will engage these experts to review your child's medical records and provide a formal opinion regarding whether the medical professional of your choice adhered to the standard of care in the context of your case. They will also be able to determine whether the actions of the doctor deviated from the standard and whether they directly contributed to the cause of the birth injuries of your child. When establishing the amount of damages you may claim, you must consider all of your present, past, and future medical expenses due to the injuries sustained by your child. You will also have to take into consideration the loss of quality and other non-economic damages. The best way to calculate this is to use a Life Care Plan, which is a document that was created with the help of medical and financial specialists to determine your child's needs for the rest of their life. Insurance companies usually settle cases for less money than they actually are worth. They could use your emotional state to pressure you into accepting a settlement that does not fully compensate you for the damage your child has suffered. An attorney can help protect your rights and ensure that you get the amount that you deserve for therapy costs, medical bills costs, and lifelong care. The process of negotiating a settlement An error in medicine can cause a baby to sustain an injury to their birth. This can change the life of the entire family in a flash. Families are suddenly faced with huge expenses for their child's ongoing treatment and care. Settlements can ease the burden of a medical mistake, and give families hope for the future. A skilled lawyer can make all the difference in getting the most compensation. The most skilled lawyers know how to build a strong case and negotiate with insurance companies, getting you the highest amount of money to meet the future needs of your child. A good attorney is prepared to go to trial, should it be necessary. The first step is to find a lawyer or legal team that has experience in handling birth injury claims. A simple internet search should yield a lot of results, and you should research the background of every firm, paying close attention to the variety and number of birth injury cases that they have handled in the past, as well as reviews. After hiring a legal firm Your lawyer will ask for copies of all pertinent medical records. They will then review the records to find evidence of malpractice. This could include the involvement of other physicians to discuss the matter and give their opinion on whether the medical professionals have violated the standards of care. Your legal team will create a demand letter explaining the harm that you have caused to your children and how much you think the damages they suffered are worth. The purpose of a demand letter is to attract the attention of the defendant and encourage them to settle out of the courtroom. If the defendants refuse to settle, your attorney will prepare your case for trial by requesting depositions and expert witnesses. Your lawyer will use the information gathered during discovery to win the verdict of a jury or negotiate a fair settlement. Whatever happens, you should be aware that the defendants will have their own attorneys who are fighting to reduce the amount of the settlement or verdict. Filing a Lawsuit After gathering and analyzing the evidence Your lawyer will assist you determine the amount of damages you'll need to seek. They will collaborate with financial and medical experts to determine the types and amounts you'll require in light of the present and future needs of your child. This includes the cost of therapy and medical treatment and emotional distress and loss for your family. Then, your lawyer will make a claim against the hospital or doctor responsible for the birth injury your child suffered. Depending on the circumstances, there could be multiple defendants. This could include the doctor who gave birth to your child, nurses who assisted during delivery and the hospital where the birth occurred. The Summons and Complaint will be sent to the defendants and they will be given an opportunity to respond. The parties will then undergo a period of discovery where they exchange information and evidence including medical records, witness testimony and other documents. It will also involve a series of hearings and meetings where both sides will argue their case before a jury or a judge. Your lawyer will assist you to build a strong case of negligence after the lawsuit has been filed. This involves proving that the defendant owed you and your child a obligation of care. Particularly, that the defendant did not meet the standard of care established by the medical community in the circumstances. They can prove it by examining medical records or calling in experts to testify on the appropriate standards of care. Your attorney will also help to establish a causal link between the breach of duty and your child's injury. They will rely on the evidence from medical and financial experts to establish that the injuries were caused due to the doctor's negligence, and that the damages are reasonable. Lastly, your attorney will help you negotiate an agreement. Settlements are usually the best method to ensure that your child gets the amount they deserve without having to go through an investigation. Compensation is not able to reverse the errors of hospital staff and doctors. However it can ensure the long-term health needs of your child and reduce the stress that comes with living with a birth trauma. A legal claim can be used to hold negligent healthcare providers accountable and to change the ineffective policy of the institution which contributes to medical mistakes.