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How Your Attorney Can Help You File a Birth Injury Claim

Financial compensation can help alleviate the burden of therapy sessions, home and vehicle accommodations, emotional distress and other damage. Although it cannot undo the harm caused, it can help your family members move forward.

Legal actions can also hold healthcare workers at fault accountable and encourage better safety training. A qualified birth injury lawyer can assist you in navigating litigation.

Proving Negligence

Every year thousands of children are born with birth injuries which could have been avoided. Often, medical mistakes and negligence on the part physicians and other health care practitioners contribute to these injuries. These errors can lead to an ongoing disability, as well as financial burdens for families. You and your child can recover damages through a malpractice lawsuit.

dallas birth injury attorney will establish the following elements when seeking compensation in a medical malpractice case:

Duty of Care

The defendant must have the baby or you the legal obligation of providing quality health care. This is usually determined by examining the treatment that could be provided in similar circumstances or by examining what an experienced healthcare professional would have done.

Breach of Duty

It must be proved that the defendant violated this obligation by failing to follow the standard of care which directly caused the injuries to your child. This is typically done through expert testimony or other evidence.

Causation

When it is established that the doctor did not fulfill their duty of care, it has to be established that the failure caused your child's injury. This is known as proving causation. It can be hard to connect a specific action to an injury. However, your lawyer can use medical experts and other evidence sources to build a strong argument for you.

Damages

You must prove that the birth injury suffered by your child has caused economic and non-economic damages to be eligible for an award. This is usually demonstrated by medical bills, medical records, photographic evidence of the injury and other forms of documentation. Your attorney can help you determine the amount you are entitled to in damages by calculating the estimated lifetime costs of care for the disability of your child.

Many of these costs may be covered by insurance but if your insurance company refuses to pay or refuses to pay a valid claim, your lawyer can file a lawsuit on your behalf to make them pay. Your lawyer can assist you to recover the money needed to give your child the care they need to live a healthy and happy life.

Establishing Damages

If a medical error that occurs during birth causes permanent injury to your child, it may be necessary to seek compensation. Your attorney can assist you in building a case to recover damages for your family's past and future losses. They will go through your medical documents and work with experts to determine 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 link the care provided with your child's injuries as well as expert witness testimony hospital policies and records, eyewitness declarations, and video evidence. The lawyers can also help you collect evidence regarding your pregnancy, doctor's visits and medical procedures.

A medical standard of care is a set of practices that are deemed acceptable by an expert group in the field, typically other doctors. Your lawyer will engage experts to look over the medical records of your child and give a formal opinion on whether the doctor of your choice adhered to this standard in the circumstances of your case. They will also be able to determine whether the actions of the doctor deviated from this standard and if they were a direct cause of your child's birth injuries.

When establishing the amount of damages you are able to claim, you must consider all of your present, past, and future medical expenses relating to the injuries sustained by your child. It is also important to think about the loss of quality of life and other non-economic damages. The best way to calculate this is to use the use of a Life Care Plan, which is a document created with the help of financial and medical specialists to estimate your child's needs for the rest of their life.

During the litigation process, insurance companies often seek to settle cases for less than they're worth. They may make use of your emotions to convince you to accept a settlement that doesn't fully cover the harm your child has suffered. An attorney can help protect your rights and ensure that you receive the amount that you deserve for therapy, medical costs, and lifelong treatment.

Negotiating a Settlement

If a child suffers an injury to their birth due to an error in medicine, it can transform the lives of a family in a matter of minutes. Families find themselves facing huge expenses for their child's ongoing treatment and care. Although a settlement can't erase the harm caused by a doctor's error however, it could ease the burden and provide hope for a brighter future.

A skilled lawyer can make a an enormous difference in securing the highest amount of compensation. The best lawyers know how to construct a strong case and negotiate with insurance companies to get you the highest amount of money for your child's future needs. A good attorney is prepared to bring the case to trial if necessary.

The most important thing to do is to engage a lawyer and legal team experienced in handling birth injury cases. A simple internet search should yield plenty of results. Additionally, you should research the background of each firm, paying attention to the amount and type of birth injury cases that they have handled in the past and reviews.

After you have hired a legal team your lawyer will request copies of all pertinent medical records. He or she will review the records to find evidence of malpractice. This could involve bringing in other doctors to review the situation and provide their opinions on whether the medical professionals have violated the standard of care.

Your legal team will create demand letters that explain the harm done to your child, as well as the amount you believe their injuries are worth in terms of damages. The purpose of a demand letter is to get the defendant's attention and hopefully get them to settle the case out of court.

If the defendants are unable to settle, then your lawyer will prepare you for trial by requesting depositions and expert witnesses. Your lawyer will use the information obtained through discovery to argue for a fair settlement or the verdict of a jury. It is important to be aware, regardless of what happens, the defense attorneys of the defendants will try to reduce the amount of the settlement or jury verdict.





Filing a Lawsuit

After analyzing and gathering 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 amount of damages you'll require depending on your child's present and future needs. This will include the cost of medical and therapy as well as emotional distress and loss for your family.

Then, your lawyer will make a claim against the doctor or hospital responsible for the birth injury your child suffered. Based on the circumstances there could be multiple defendants named. These could include the doctor or nurse who delivered your baby, the hospital at which the birth took place, and any nurses who assisted in the delivery. The defendants will receive an Order and Complaint and will be given the option of filing an Answer. 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 documents. The process will also include a series of hearings and meetings where both sides can argue to a judge or jury.

Once the lawsuit is filed, your attorney will assist you in constructing a strong case for negligence. This involves proving that the defendant was liable to your child and you a duty of caring. The defendant must prove that he failed to adhere to the standards set by the medical profession. They can prove this by looking over medical records and bringing in expert witnesses to testify about the appropriate standards of care.

Your attorney will help you determine the causal link between the breach of duty and your child's injury. They will rely on the testimony of medical and financial experts to show that the injuries resulted from the doctor's negligence and that the damages are justifiable.

Finally, your attorney can assist you in negotiating a settlement. Settlements are typically the best way to ensure that your child gets the amount they deserve without having to go through an appeal.

Compensation cannot undo the mistakes of hospital staff and doctors. However, it can help to ensure the long-term health needs of your child and ease the stress of having a child with a birth trauma. A legal action can make healthcare providers accountable for their negligence and alter ineffective policies of institutions which contribute to medical mistakes.