A Birth Trauma Attorney Can Help You File a Claim

A medical error during childbirth may have long-term effects on your family. A birth trauma attorney can bring a claim against the hospital and doctor responsible, and negotiate an insurance settlement on your behalf.

These funds can help pay for the treatments that, therapies and medications your child will require throughout his or her life. It also helps ease the financial burden that often accompanies caring for an injured child.

Preventable Birth Injuries

Medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Certain birth injuries are inevitable. However, other birth injuries could have been avoided if the hospital or physician took the proper precautions when treating the mother.

Cerebral palsy and Erb's Palsy are two of the most common birth injuries that could lead to lifelong disabilities. These conditions impact a child's motor skills and are caused by a myriad of causes, including infections, uterine injury attorney, or a poorly managed labor and delivery.

Premature birth could cause serious birth injuries such as hemorrhagic fractures or fractures. These injuries can be avoided if doctors keep an eye on the cervix throughout pregnancy and take the necessary steps to avoid complications from preterm labor.

A medical mistake during birth can also result in cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor's inability to recognize the signs of an emergency or the absence of a cesarean birth when it is indicated by fetal distress, or other complications in the vagina.

Other birth injuries are related to the use of tools for birth such as forceps and vacuum extractors. These tools are safe if employed correctly. However, if a doctor misuses these tools, they can cause serious scalp or facial injury.

Another type of birth injury that can be prevented is the rupture of the brachial nerve. These are nerves that control the hand and arm movements of the newborn. These injuries occur when over stretching or pulling damage the nerves during labor and delivery. The results can range from temporary paralysis up to total disability.

Families who suffer from these disabilities and others face significant expenses throughout their lives. This includes ongoing therapy and medications, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and more. A legal claim will not reverse an injury but it can assist families in getting the assistance they require and also encourage health care professionals to improve their safety procedures during childbirth.

A California birth trauma lawyer can assist families in filing an medical malpractice lawsuit to claim compensation for the losses they have suffered. These claims could compensate a family for the cost of a child's long-term treatment and other damages.

Medical Malpractice

When a medical mistake results in birth injuries, the parents of the child may feel like their entire life was stolen from them. The parents are often faced by mounting medical costs as well as emotional trauma, and the stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to families, allowing them to concentrate on their child's health and recovery.

A medical malpractice case is one that alleges the hospital, doctor or other healthcare provider has violated their obligation of care. In the context of birth injuries it means that a doctor or nurse committed a negligent action prior to, or during, or following delivery which resulted in injuries to the mother or child.

An experienced attorney for birth trauma will examine your case to determine if there was a breach in the duty of care. The attorney will determine the parties accountable and their insurance policies. This involves obtaining medical records, obtaining expert opinions, and identifying the policies and procedures that were not adhered to during the pregnancy and birth. A reputable birth injury law firm will also likely have resources like medical databases and knowledgeable staff members including medical experts.

The legal team will gather evidence to show that the medical professionals did not meet the accepted standards for medical care, resulting in birth injuries to your child. The lawyer will then present a detailed presentation of damages to your jury to ensure they understand how the injuries affected your family and yourself. Damages can be based on economic losses like the cost of lifetime medical care, as well as noneconomic losses like pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with insurance companies and fight for an equitable settlement for you and your family. If no settlement is reached the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could bring your family the compensation required to cover treatments, therapies and equipment, as well as modifications to your vehicle and home. It can also help cover the costs of your child's medical care throughout their life.

Finding Compensation

The birth of a child is a difficult and stressful time for parents. It can be made even more difficult and exhausting when a child is injured as a result of medical negligence or error during the delivery process. Parents can sue doctors and hospitals that are responsible for the harm they suffered. The damages can help cover expenses for future medical treatment, and equipment.

A birth injury lawyer will analyze your case to determine if the injuries resulted from medical malpractice. Your attorney must prove the actions of the doctor prior to and after the birth, violated accepted standards of professional practice to obtain compensation. This can be accomplished by reviewing medical records and obtaining expert opinions.

Many birth injuries can result in permanent and life-altering health issues. Based on the severity of your child's injury is, it could require regular medical treatment, therapy, medications and assistive devices. A successful claim will consider the estimated life-long treatment needs and be able to obtain a fair amount of compensation for all these costs.

You can also receive compensation for non-economic losses like emotional distress. These damages are more difficult to prove, however your lawyer will be able to count on the expertise of medical experts in assessing the damage and award you a fair amount of money to cover the harm.

Medical malpractice cases are usually resolved outside of court because trials can be stressful, risky and emotionally taxing for the plaintiffs and their families. The jury could easily be biased against doctors and hospitals in these types of cases, which is why it is usually more effective to settle the case outside of court.

An attorney for birth trauma can explain the statute of limitations in your state and assist you meet these deadlines. He or she can advise you on how to locate medical professionals in your area that can assist you in proving your case. Many birth trauma lawyers work for national law firms that have offices across the nation. They can handle cases from a variety of states.

Time Limits

As with most lawsuits involving medical negligence, there are strict deadlines to file a claim, referred to as the statute of limitations. If the family of the victim fail to meet the deadline, they lose their right to receive compensation. An attorney for birth trauma can help victims and their families be aware of and adhere to the statute of limitations so that they don't miss out on a financial recovery.

The timelines for a birth injury claim vary from state to state and are difficult to determine. Generally speaking, victims have two years to file a lawsuit for malpractice from the date of the injury. However, this time frame is usually extended for minors if they are unable to file a claim before they turn 18.

In cases where the injuries are not immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the duration could be longer. These conditions may take several weeks or even many years to be apparent. It is essential to contact an experienced lawyer immediately in a birth injury case.

Certain states require that a notice be sent within a certain time frame to the defendant health providers and may affect the statute. Furthermore when the health care provider is a public company or is employed by an agency of government the statute of limitations may apply.

Medical malpractice lawsuits may be filed at the county court where the negligence occurred. Parents are the plaintiffs and their doctors, hospitals and any other medical staff are the defendants. The lawsuit will be assigned a number and a date for trial after it is filed.

Some birth best injury lawyers cases are resolved before trial. But, other cases are decided by a jury. A skilled birth trauma lawyer can assist clients in constructing strong cases and gather evidence to prove medical negligence and secure fair compensation for victims. While no amount of money will compensate a victim for their injuries, the funds received through a successful lawsuit could ease some of the financial burdens associated with the care and treatment of a child injured or mother.