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How Your Attorney Can Help You File a Birth Injury Claim The financial compensation you receive can reduce the burden of medical bills, therapy sessions, home and vehicle accommodations, emotional distress and other damage. While it isn't able to reverse the harm done, it can help your family members move forward. Legal actions can also hold the at-fault healthcare professionals accountable and help improve safety training. An experienced birth injury lawyer can guide you through the litigation process. Proving Negligence Each year, babies are born with birth injuries that could be prevented. Often, medical mistakes and negligence on the part of doctors and other health professionals contribute to these injuries. These errors can lead to a lifelong disability and financial burdens on families. Your child and you can be awarded damages through a lawsuit. Your lawyer will determine the following elements when pursuing the right to compensation in a medical malfeasance case: Duty of Care The defendant must have owed you or your baby the legal obligation of providing quality health care. This is usually established by examining the treatment that was given in similar circumstances, or what a qualified healthcare professional would have done. Breach of Duty It must be established that the defendant acted in violation of this duty by failing comply with the standard of care which directly caused the injuries to your child. This is usually accomplished by expert testimony and other evidence. Causation It is essential to prove that the doctor's failure to provide proper care led to the injuries to your child. This is known as the process of proving the causation. It isn't always easy to link a specific act or omission with an injury however, your lawyer will use medical experts and other sources of evidence to build a strong case for you. Damages To be eligible for a settlement, you must demonstrate that the birth injury of your child caused economic and non-economic losses. This is typically proven through medical bills and medical records, photographs, evidence of the injury, and other evidence. Your attorney can also help determine the estimated lifetime cost of treatment for your child's disability, which is used to calculate the total amount of damages you are entitled to. A lot of these expenses could be covered by insurance, but if your insurance company refuses to pay or refuses to cover a legitimate claim, your lawyer may make a claim on your behalf to make them do so. Your lawyer can help recover the money needed to provide your child with the attention they require for a happy and healthy life. Establishing Damages If a medical error during birth causes permanent injuries to your child, you may need to seek compensation. Your lawyer can help you create a case and recover damages for both your family's future and current loss. They will review your records and work with expert to establish the medical standard care, the breach of that standard, causation and damages. Medical negligence claims are based on evidence, such as detailed medical records linking the treatment you received to your child's injuries. Other evidence may include expert witness testimony, hospital records and policies, eyewitnesses' testimony and video evidence. The attorneys can also help you collect documents that pertain to your pregnancy, doctor's 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 of your choice adhered to this standard in the circumstances of your case. They will also be able to determine if the doctor's actions were in breach of this standard, and whether that was a direct cause for the birth injury of your child. You must include all past, current and future medical expenses associated with the injuries of your child in calculating the amount you are entitled to. You will also need to think about the loss of quality of life and other non-economic damages. This can be assessed by using the Life Care Plan. This is a document developed with the assistance of financial and medical experts to assess your child's requirements throughout their life. Insurance companies will often settle cases for less money than they actually are worth. They could employ your emotional state to pressure you into accepting a settlement that doesn't fully compensate you for the harm your child has suffered. An attorney can safeguard your rights and ensure that you get the money you deserve for the medical bills of your child or therapy expenses, as well as the cost of care for their entire life. Negotiating a Settlement A medical error can cause an infant to suffer 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 medical and treatment. Although a settlement can't undo the harm caused by a mistake made by a doctor but it can ease the burden and offer hope for a brighter future. A good lawyer can make an enormous difference in getting maximum compensation. The best 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. The right attorney will also be prepared to take your case all the way to trial if necessary. The most important thing is to engage a lawyer and legal team who are adept at handling birth injury cases. You can get a variety of results by doing an internet search. Find out more about each firm and look at reviews and the number of birth injury cases they have handled in the past. After you hire a legal company the lawyer you choose will ask for copies of all relevant medical records. He or she will then look over the records and find evidence of medical malpractice. This could involve bringing in other doctors to review the situation and provide their opinions on whether the medical professionals violated the standard of care. Your legal team will then draft a demand letter describing the harm caused to your children, and how much you think the damages they suffered are worth. The aim of a demand letter is to draw the defendants' attention and hopefully prompt them to settle the case out of court. If the defendants don't agree to settle, your lawyer will prepare for trial by asking for expert witnesses and depositions. Your lawyer will make use of the evidence gathered during discovery to argue for a fair settlement or win a jury verdict. No matter what happens, you should be aware that the defendants will have their own attorneys who fight to reduce the amount of the settlement or verdict. Filing a Lawsuit After analyzing and gathering the evidence Your lawyer will assist you determine the amount of damages you're entitled to. They will collaborate with medical and financial experts to determine the types and amounts you'll require based on the current and future requirements of your child. This will include the cost of therapy and medical treatments and emotional distress and loss for your family. The attorney will then bring a lawsuit against the doctor or hospital responsible for your child's birth injury. Based on the circumstances, multiple defendants may be named. This includes the doctor or nurse who delivered your baby, the hospital in which it took place, as well as any nurses who assisted with the delivery. The Summons and Complaint will be delivered to the defendants, and they will have an opportunity to file a response. The parties will then undergo a period of discovery where they exchange evidence and information including medical records, witness testimony and other documents. nevada birth injury attorney will involve a series of hearings and meetings during which both sides can argue their case before a judge or jury. Once the lawsuit is filed, your attorney will help you create an argument for negligence that is strong. This includes proving the defendant was liable to your child and you a duty of care. Particularly, that 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 bringing in experts to testify regarding the proper standards of care. Your attorney will help you establish the causal link between the breach of duty and your child's injury. They will make use of the testimony of medical and financial experts to show that the injuries were the result of a doctor's negligence and that the damages are reasonable. Finally, your attorney will assist with negotiating a settlement. In most instances, settlements allow your child to get the money they need and want without the need for an appeal. While compensation cannot undo the mistakes made by doctors and hospital staff, it can help provide for your child's long-term needs and ease the stress of living with a birth injury. A legal claim can be used to ensure that negligent healthcare providers are held accountable and to change the ineffective policy of the institution which contributes to medical mistakes.