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How Your Attorney Can Help You File a Birth Injury Claim Financial compensation can help reduce the burden of therapy sessions, vehicle and home accommodations, emotional distress, and other damage. While it's not able to repair the damage by the accident, it can help you and your family members move forward. Legal actions can also hold healthcare workers at fault accountable and motivate improved safety training. An experienced birth injury lawyer can help you navigate the litigation process. Proving Negligence Every year, thousands of children are born with birth injuries which could have been avoided. Most often, medical errors and negligence on the part of physicians and other health care practitioners contribute to these injuries. These mistakes can result in an ongoing disability and financial burdens for families. You and your child may be awarded damages through a lawsuit. When pursuing compensation for a medical negligence 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 appropriate medical care. This is typically established by looking at the standard treatment provided in similar circumstances or what a qualified health care practitioner would have done in the same circumstance. Breach of Duty You must prove that the defendant's failure to follow the standards of treatment caused your child's injury. This is usually done through expert testimony or other evidence. birth injury attorney alamogordo nm is essential to show that the doctor's failure to provide proper care led to the injuries to your child. Causation is the method of proving it. It can be difficult to connect a specific act to an injury. However your lawyer can make use of medical experts as well as other sources of evidence to make a convincing case for you. Damages You must demonstrate that the birth injury suffered by your child has caused economic and non-economic damage to be qualified for an award. Medical bills or medical records, as well as photographs of the injury are commonly used to demonstrate this. Your attorney can also help determine the estimated cost of your child's disability, which is used to determine the total amount of damages you are entitled to receive. Many of these costs could be covered by insurance however, if your insurance provider refuses to pay or denies a valid claim, your lawyer may make a claim on your behalf to force them to do so. If your lawyer is successful, you will recover the money you'll need to ensure the level of care your child needs for an enjoyable and healthy life. Establishing Damages If a medical lapse that occurs during birth causes permanent injury to your child, it could be necessary to seek compensation. Your lawyer can help you create an argument and seek damages for both your family's present and future loss. They will review your documents and work with experts to establish 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 treatment provided to your child's injuries as well as expert witness testimony hospital policies and records, eyewitness testimony and video evidence. The lawyers can also help you gather documents related to your pregnancy, doctor visits, and medical procedures. A medical standard of practice is a set of practices that are considered acceptable by experts in the field. These experts are usually other doctors. Your lawyer will hire experts to look over your child's medical records 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 determine if the doctor's actions were in violation of this norm and if that was the direct cause of the birth injury of your child. When establishing the amount of damages you may claim it is important to take into account all your past, present and future medical expenses due to the injuries your child sustained. Also, you must consider the loss of quality of life as well as other non-economic damages. This can be calculated by using the Life Care Plan. This is a document that was designed with the help of financial and medical experts to determine your child's needs throughout their lifetime. During the litigation process insurance companies often attempt to settle cases for less than they're worth. They may make use of your emotions to pressure you into accepting an agreement that doesn't compensate you for the harm your child has suffered. An attorney can protect you rights and ensure you receive the amount you're entitled to for therapy costs, medical bills expenses, and for lifelong care. The process of negotiating a settlement When an infant suffers from 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 are suddenly faced with a huge bill due to the treatment of their child 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 give hope for an improved future. A good lawyer can make an enormous difference in getting maximum compensation. The most skilled lawyers know how to create a solid case and negotiate with insurance companies and ensure that you receive the most money possible to meet the needs of your child. A good attorney is ready to bring the case to trial if necessary. The first step is to find an attorney or legal team who has experience in handling birth injuries claims. You can find many results by doing an online search. Find out more 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 team your lawyer will request copies of all relevant medical records. They will then review the documents to determine evidence of malpractice. This could include bringing in 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 that you have caused to your children, and the amount you believe the damages they suffered are worth. A demand letter is intended to attract the attention of the defendant and encourage them to settle outside of court. If the defendants do not agree to settle, your lawyer will prepare for trial by soliciting expert witnesses and depositions. Your lawyer will use the information obtained during discovery to secure an appeal to a verdict by the jury or negotiate a fair settlement. It is important to be aware, no matter what happens, defendants' attorneys will fight 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 the damages you're entitled to. They'll work with medical and financial experts to determine the types and amounts you'll need based on the current and future needs of your child. This will include the costs of medical and therapy as well as emotional distress and loss for your family. Then, your lawyer will make a claim against the hospital or doctor responsible for the birth injury of your child. Based on the circumstances there could be multiple defendants named. These will often include the doctor who gave birth to your child, nurses who assisted in the delivery, and the hospital where the birth occurred. The summons and Complaint will be delivered to the defendants and they will be given an opportunity to respond. The parties will then go through an investigation where they exchange evidence and information including testimony of witnesses, medical records, and other documents. This will include a series hearings and meetings in which both sides will be able to present their arguments before a jury or a judge. Your lawyer will assist you build a solid case of negligence once the lawsuit has been filed. This includes proving that the defendant was liable to your child and you a duty of caring. The defendant must prove that he failed to meet the standard established by the medical community. They can prove this by looking over medical records and bringing in experts to testify on the proper standards of care. Your lawyer will assist you to establish the causal link between the breach of duty, and the child's injury. They will rely on the evidence from financial and medical experts to establish that the injuries were caused due to the doctor's negligence and that the damages are fair. Finally, your attorney will assist you in negotiating the settlement. In most cases, settlements let your child receive the compensation they need and want without the need for a trial. Compensation will not reverse the mistakes of hospital staff and doctors. However, it can help to ensure the long-term health needs of your child, and help reduce the stress of 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 that can lead to medical errors.