How Your Attorney Can Help You File a Birth Injury Claim
Financial compensation can help ease the burden on medical expenses, therapy sessions and home and vehicle accommodations. It can also assist with emotional distress and other damage. It can allow your family members to get on with their lives, even though it cannot undo any harm.
Legal action can also hold the at-fault healthcare professionals accountable and encourage better safety training. A skilled birth injury lawyer can guide you through the litigation process.
Proving Negligence
Every year, children are born with birth injuries that could be prevented. Many times, medical mistakes and negligence on the part of doctors and other health care practitioners cause these injuries. When these errors occur they can cause lifelong disability and enormous financial burdens for families. You and your child can recover damages through a malpractice lawsuit.
Your lawyer will determine the following elements when seeking compensation in a medical malpractice case:
Duty of Care
The defendant must have owed you or your baby a legal obligation to provide quality health medical care. This is usually determined by looking at the standard medical treatment that is provided in similar situations, or what a competent health professional would have done in the same circumstance.
Breach of Duty
It must be proved that the defendant violated this duty by failing adhere to the standard of care, which directly led to your child's injuries. This is typically done by expert testimony and other evidence.
Causation
It is important to establish that the doctor's inability to provide proper care led to the injuries to your child. This is known as the process of proving the causality. It isn't always easy to link a specific incident to an injury. However your lawyer can make use of medical professionals as well as other sources of evidence to build a strong argument for you.
Damages
To be qualified for a settlement, you must prove that your child's birth injury caused economic and non-economic losses. Medical bills and medical records as well as photographic evidence of the injury are typically used to prove this. Your attorney can also help determine the estimated lifetime cost of your child's disability. This is used to determine the amount of damages you're entitled to receive.
Your lawyer can sue your insurance company if they refuse to pay out or refuse to pay a valid claim. Your lawyer can help you recover the money needed to provide your child with the necessary care to live a healthy and happy life.
Establishing Damages
When a medical mistake during birth causes a permanent injury for your child, you may be required to seek compensation. An attorney can assist you build a case and obtain damages for your family's future and current loss. They will look over your medical records and work with experts to determine the medical standard of care, the breach of this standard, causation, and damages.
Medical negligence claims are based on evidence like detailed medical records that link the care provided with your child's injuries, expert witness testimony, hospital policies and records, eyewitness declarations, and video evidence. Lawyers can assist you find documentation regarding 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 these experts to review the medical records of your child and provide a formal assessment as to whether the provider 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 current, past, and future medical costs that are related to injuries suffered by your child when calculating the amount you can claim. Also, you must take into account the loss of quality of life and other non-economic damages. A good way to calculate this is through a Life Care Plan, which is a document developed with the help of medical and financial experts to determine the needs of your child for the rest of their life.
During the litigation process insurance companies often seek to settle cases for less than they are worth. atlanta birth injury attorneys 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 defend your rights and ensure you receive the amount you're entitled to for your child's medical bills, therapy costs, and lifetime care costs.
Negotiating a Settlement
When a baby suffers an injury at birth as a result of an error in medicine it can alter the lives of a family in a matter of minutes. Families find themselves facing huge costs for their child's treatment and care. While winning a settlement cannot erase the harm caused by a mistake made by a doctor however, it could ease the burden and offer hope for an improved future.
A good lawyer can make a huge difference in securing the maximum amount of compensation. The best lawyers know how to build solid arguments and negotiate with insurers, ensuring that you get the most amount of money for your child's needs. A good attorney will be prepared to pursue your case to trial if necessary.
The first step is to find an attorney or legal team that has experience in handling birth injury claims. A simple search on the internet should yield a lot of results, and you should research the background of each firm, paying particular attention to the number and types of cases involving birth injuries that have been tried before, as well as reviews.
After hiring a legal firm Your lawyer will request copies of all pertinent medical records. The lawyer will look over the records and find evidence of medical 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 treatment.
Your legal team will then create demand letters that explain the harm that you have caused to your child as well as how much you think their injuries are worth in terms of damages. The purpose of a demand letter is to attract the attention of the defendant and convince them to settle outside of the courtroom.
If the defendants aren't able to settle, your lawyer will prepare for trial by requesting expert witnesses and depositions. Your lawyer will make use of the information gathered through discovery to argue for an equitable settlement or an appeal to a verdict by a jury. Whatever happens, you should be aware that the defendants will have their own lawyers who fight to reduce the amount of settlement or verdict.
Filing a Lawsuit
After gathering and analyzing the evidence After analyzing the evidence, your lawyer will help you determine the damages you're entitled to. They will collaborate with medical and financial experts to determine the kinds and amount of damages you'll need depending on your child's present and future needs. This will include the costs of therapy and medical treatment as well as emotional distress and loss for your family.
Your attorney will make a claim to hold the doctor or hospital accountable for the birth injury that occurred to your child. Based on the specific case the defendants could be named. This could include the doctor who gave birth to your child, nurses who assisted during delivery and the hospital where the birth took place. The summons and Complaint will be delivered to the defendants, and they will be given the opportunity to file a response. The parties will then undergo an extensive process of discovery during which they exchange information and evidence including testimony of witnesses, medical records and other records. It will also involve hearings and meetings in which both sides will argue before a jury or a judge.
Your attorney will help you in constructing a convincing case of negligence once the lawsuit is filed. This includes showing that the defendant had a responsibility to you and your child the duty of care. The defendant must show that he did not adhere to the standards set by the medical community. They can prove it by examining medical records or 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 the injury to your child. They will use the testimony of medical and financial experts to prove that the injuries resulted from the doctor's negligence and that the damages are appropriate.
Finally, your attorney can assist you in negotiating the settlement. Settlements are typically the best way to ensure that your child receives the amount they are due without the need to go through an investigation.
Compensation cannot undo the mistakes of hospital staff and doctors. However, it can help to meet the long-term needs of your child, and help reduce the stress that comes with dealing with the trauma of birth. A legal claim may also be used to ensure that negligent healthcare providers are held accountable and to change the ineffective policy of the institution that contributes to medical errors.