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How Your Attorney Can Help You File a Birth Injury Claim Financial compensation can reduce the burden of medical bills, therapy sessions and accommodation for your vehicle and home. It can also help with emotional stress and other injuries. While it's not able to repair the harm done, it can help your family members move forward. Legal action can also hold healthcare professionals responsible and motivate to improve safety training. A skilled birth injury lawyer can assist you in navigating litigation. Proving Negligence Every year thousands of children are born with birth injuries that could have been prevented. Many times, medical mistakes and negligence on the part physicians and other health professionals contribute to these injuries. When these mistakes occur, it can result in permanent disability, as well as huge financial burdens for families. Your lawyer can help you obtain the compensation you and your child deserve through an action for malpractice. In the event of pursuing 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 obligation to you or your child to provide high-quality medical care. This is typically determined by examining the care that was given in similar circumstances or what a qualified healthcare professional would have done. Breach of Duty You must establish that the defendant's failure to follow the standards of care for your child caused the injury. This is usually done through expert testimony and other evidence. Causation It is important to establish that the doctor's inability to provide proper care led to your child's injuries. This is known as proving causation. It isn't always easy to link a specific action or omission with an injury however, your lawyer will use medical experts as well as other evidence sources to build a strong case for you. Damages To be qualified for a settlement, you must prove that the birth injury of your child caused economic and non-economic losses. Medical bills, medical records and photographic evidence of the injury are typically used to show this. Your attorney can also help you determine the estimated lifetime cost of your child's disability. This is used to determine the total amount of damages you are entitled to receive. Your lawyer can sue your insurance company in the event that they fail to pay or refuse to pay an actual claim. Your lawyer can assist you to get the money you need to ensure your child receives the attention they require to live a healthy and happy life. Establishing Damages When a medical mistake during birth causes permanent injuries to your child, you may have to seek compensation. An attorney can assist you establish an argument and seek damages for both your family's current and future losses. They will review your documents and work with an expert to establish the medical standard of care, the breach of this standard, the causation and damages. Medical negligence claims are based on evidence such as detailed medical records that connect the treatment provided to your child's injuries as well as expert witness testimony, hospital policies and records, eyewitness statements, and video evidence. The attorneys can also help you gather documents that pertain to your pregnancy, doctor's appointments, and medical procedures. A medical standard of practice is a set of guidelines that are accepted by experts in the field. These experts are typically other doctors. Your lawyer will hire experts to examine the medical records of your child and give an official opinion on whether the medical professional of your child's care adhered to the standard in your case. They will also be able to determine whether the doctor's actions were deviant from this standard and if they directly contributed to the cause of the birth injuries of your child. You must include all current, past and future medical expenses associated with the injuries of your child when calculating the amount you are entitled to. Also, you need to take into consideration the loss of quality as well as other damages that are not economic. One way to estimate this is through the use of a Life Care Plan, which is a document created with the help of medical and financial experts to determine the needs of your child throughout their life. Insurance companies will often settle cases for less than they actually are worth. Insurance companies could utilize your emotional state to convince you to accept an offer that doesn't fully pay for the harm your child has suffered. An attorney can help protect your rights and ensure that you receive the amount you deserve for therapy, medical expenses, and for lifelong care. Negotiating a Settlement A medical error could cause the baby to suffer an injury to their birth. This can change the life of families in a matter of minutes. Families find themselves facing huge costs for their child's ongoing medical and treatment. Settlements can alleviate the burden of a physician's mistake, and give families hope for the future. A skilled lawyer can make a an enormous difference in securing maximum compensation. The best attorneys know how to build an effective case and negotiate with insurers and ensure that you receive the most money you can for your child's needs. The right attorney will also be able to pursue your case to trial if necessary. The most important thing is to find a lawyer and legal team who are adept at handling birth injury cases. A simple search on the internet should yield plenty of results. Additionally, birth injury attorney fort collins should research the background of each firm, paying attention to the variety and number of prior birth injury cases, as well as reviews. After hiring a legal team your lawyer will request copies of all relevant medical records. The lawyer will look over the records and find evidence of medical malpractice. This may involve bringing in other doctors to discuss the matter and give their opinions on whether the medical professionals have violated the standard of care. Your legal team will draft a demand letter describing the harm that you have caused to your children, and how much you think the damages they suffered are worth. A demand letter is designed to attract the attention of the defendant and to encourage them to settle their case outside of court. If the defendants do not agree to settle, then your lawyer will prepare you for trial by asking depositions and expert witnesses. Your lawyer will use the information gathered during discovery to win a jury verdict or negotiate an equitable settlement. It is important to be aware, no matter what happens, defense attorneys of the defendants will try to reduce the amount in the settlement or jury verdict. Filing a Lawsuit After analyzing and analyzing the evidence After analyzing the evidence, your lawyer will help you determine what damages you should seek. They'll work with medical and financial experts to determine the kinds and amounts of damages you'll require depending on your child's present and future needs. This will include the cost of therapy and medical treatments and emotional distress and loss for your family. Then, your lawyer will file a lawsuit against the doctor or hospital responsible for the birth injury your child suffered. Depending on the case the defendants could be named. These could include the doctor or nurse who delivered your baby, the hospital at which it occurred, and any nurses who assisted in the delivery. The summons and Complaint will be served to the defendants, and they will be given an opportunity to file a response. The parties will be subject to a discovery process where they exchange documents including witness testimony medical records, and other evidence. This will be a series of hearings and meetings where both sides can argue their case before a jury or a judge. Your attorney will help you to build a strong case of negligence after the lawsuit is filed. This includes proving that the defendant owed your child and you a duty of care. Particularly, the defendant was not able to meet the standard of care established by medical professionals in the circumstances. They can prove it 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 connection between the breach of duty and your child's injury. They will use the testimony from financial and medical 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 an agreement. Settlements are typically the best method to ensure that your child gets the compensation they deserve without having to undergo an appeal. Compensation will not reverse the mistakes of doctors and hospital staff. However, it can help to ensure the long-term health needs of your child, and help reduce the stress that comes with living with a birth trauma. A legal claim may also be used to ensure that negligent healthcare providers are held accountable and alter ineffective policies of institutions that contributes to medical errors.