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How Your Attorney Can Help You File a Birth Injury Claim The financial compensation you receive can alleviate the burden of medical bills, therapy sessions, vehicle and home accommodations, emotional distress and other damage. It can assist your family move forward, even though it will not reverse any harm. Legal action can also hold healthcare workers at fault accountable and motivate improved safety training. A qualified birth injury lawyer can help you navigate the legal process. Proving Negligence Every year, children are born with birth injuries that could be prevented. These injuries are often caused by medical errors and carelessness from doctors and other health care providers. When these errors occur they can cause permanent disability and huge financial burdens for families. You and your child may be awarded damages through a lawsuit. In the event of pursuing compensation for a medical malpractice claim your lawyer will attempt to establish the following components: Duty of Care The defendant must have been liable to you or your child the legal obligation of providing high-quality health medical care. This is usually established by looking at the type of care that would be given in similar circumstances or what a competent healthcare practitioner would have done. Breach of Duty It must be proved that the defendant acted in violation of this obligation by failing to comply with the standards of care, which resulted in the injuries to your child. This is usually accomplished through expert testimony or other evidence. Causation It is important to prove that the doctor's failure to provide the proper care caused your child's injuries. This is known as the process of proving the causality. It can be hard to link a specific incident to an injury. However your lawyer can use medical professionals as well as other sources of evidence to present a convincing argument for you. Damages You must demonstrate that the birth injury of your child has caused economic and noneconomic damages to be eligible for an award. This is usually demonstrated by medical bills, medical records, photographic evidence of the injury, and other documentation. Your attorney can help you calculate the total amount you are entitled to in damages by formulating the estimated lifetime costs of the care of your child. Many of these costs could be covered by insurance, but if your insurance company refuses to pay or denies a valid claim, your lawyer can file a lawsuit on your behalf to make them pay. If your lawyer is successful, you will recover the money you need to provide the level of care your child needs for a healthy and happy life. Establishing Damages If a medical error made during birth causes a permanent injury for your child, you may have to seek compensation. Your attorney can help you create a case and obtain damages for your family's present and future losses. They will examine your records and work with expert to determine the standard of medical care, the breach of this standard, causation, and damages. Medical negligence claims are based on evidence, such as medical records that link the treatment provided to your child's injuries, expert witness testimony hospital policies and records, eyewitness statements, and video evidence. The lawyers can assist you to gather documentation related to your pregnancy and doctor's appointments. A medical standard of care is a set or practice that is deemed acceptable by a group of experts in the field, typically other doctors. Your lawyer will employ experts to look over the medical records of your child and provide an official opinion on whether the provider was in compliance with the standard in your case. They can also determine whether the doctor's actions violated of this norm and whether that was the direct cause of the birth injury suffered by your child. You must include all current, past, and future medical costs related to the injuries of your child in calculating the amount you can claim. Additionally, you must take into account the loss of quality as well as other non-economic damage. One way to estimate this is to use a Life Care Plan, which is a document created with the assistance of financial and medical specialists to determine the needs of your child for the rest of their life. Insurance companies will often settle cases for less money than what they're actually worth. They can use your emotional state to pressure you into accepting a settlement that does not fully cover the harm your child has suffered. An attorney can help protect your rights and ensure you receive the amount that you deserve for therapy, medical expenses, and lifetime care. Negotiating a Settlement An error in medicine can cause the baby to suffer an injury to their birth. This could alter the life of a family in an instant. Suddenly, families are faced with a huge bill from their child's treatment and ongoing care. While winning illinois birth injury attorneys cannot erase the harm caused by a mistake made by a doctor, it can lighten the burden and offer hope for a brighter future. A good lawyer can make an enormous difference in securing the highest amount of compensation. The most skilled lawyers are able to construct a solid case and negotiate with insurers, ensuring that you get the most amount of money for the needs of your child. The right attorney will also be able to pursue your case to trial, if needed. The first step is to find a lawyer or legal team who has expertise in handling birth injury claims. A simple internet search should yield plenty of results. Additionally, you should read information about each firm, paying particular attention to the variety and number of birth injury cases that they have handled in the past, as well as reviews. After you have hired a legal firm Your lawyer will ask for copies of all pertinent medical records. He or she will review the records and identify evidence of medical malpractice. This may involve bringing in other doctors to discuss the matter and give their opinions regarding whether the medical professionals have violated the standard of care. Your legal team will then create a demand letter explaining the harm 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 out of court. If the defendants aren't able to settle, your attorney will prepare for trial by soliciting expert witnesses and depositions. Your lawyer will make use of the evidence gathered during discovery to argue for a fair settlement or an appeal to a verdict by a jury. Whatever happens, you must be aware that the defendants will have their own lawyers who will fight to lower the amount of the settlement or verdict. Filing an action After analyzing evidence and gathering the necessary information After analyzing evidence, your lawyer will help you determine the damages you'll need. They will work with medical and financial experts to determine the types and amount you'll need in light of the present and future requirements of your child. This includes the cost of therapy and medical treatments and emotional distress and loss for your family. The attorney will then file a lawsuit against the hospital or doctor responsible for the birth injury your child suffered. Based on the specific case, multiple defendants may be named. These could include the doctor who gave birth to your child, nurses who assisted in the delivery and the hospital where the birth took place. The Summons and Complaint will be sent to the defendants and they will be given an opportunity to respond. The parties will go through a discovery period where they exchange documents witnesses' testimony, documents as well as medical records and other evidence. This will include a series hearings and meetings where both sides will be able to present their arguments before a judge or jury. When the lawsuit is filed, your attorney will help you build a strong case for negligence. This includes proving the defendant has owed you and your child a duty of care. The defendant must prove that he did not meet the standard established by the medical community. They can prove this by examining medical records and calling in expert witnesses to testify about the appropriate standards of care. Your lawyer will also assist to establish a causal link between the breach of duty and the child's injury. They will use the testimony of financial and medical experts to demonstrate that the injuries were caused by the doctor's negligence and that the damages are reasonable. Finally, your attorney will assist with negotiating the settlement. Settlements are typically the best method to ensure that your child receives the amount they are due without having to go through an investigation. Although compensation will not reverse the mistakes made by hospital and doctor staff, it could provide the long-term needs of your child and ease the burden of dealing with the aftermath of a birth injury. A legal claim can also make healthcare providers accountable for their negligence and help change the ineffective policies of the institution that can lead to medical errors.