A Birth Trauma Attorney Can Help You File a Claim

A medical error in childbirth can have lasting effects on your family. An attorney for birth trauma can make a claim against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf.

These funds can provide the treatment, therapies and medications your child will require throughout his or her lifetime. This can also reduce the financial burden of caring for the child who has suffered injuries.

Prevention of Birth Injuries

Medical doctors who treat pregnant women and children could make mistakes that lead to birth injuries. Certain birth injuries are inevitable. However, some could have been prevented in the event that the doctor or hospital had taken proper care when treating the mother.

Cerebral palsy and Erb's palsy are two of the most common preventable birth injuries that can lead to lifelong disabilities. These disorders affect the motor skills of a child and can be attributed to a number of causes, such as infections, uterine injuries or mismanaged labor and birth.

Premature birth can result in serious birth injuries, such as hematomas or fractures. These injuries can be prevented by having a doctor observe the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.

A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to recognize the signs of an emergency or performing a cesarean if fetal distress is present or vaginal complications are present.

Other birth injuries can be attributed to the use of tools for birth such as forceps or vacuum extractors. These tools are typically safe if used correctly but if a doctor uses them improperly, it could lead to serious head or facial injuries.

Another kind of preventable birth injury involves the tear of a baby's brachial plexus which are nerves that control hand and arm movement. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities can range from temporary paralysis to total disability.

Families with these and other disabilities face significant expenses throughout their lifetime. These include ongoing therapy and medications and adaptive equipment, such as walkers or wheelchairs, as well as special accommodations, and much more. A legal claim will not alter the severity of an injury, but it can help families get the resources they need, and encourage health care professionals to improve their safety procedures during childbirth.

A California birth trauma attorney can help families file a medical malpractice lawsuit to recover compensation for the losses they have suffered. These claims could compensate families for the cost of long-term medical care for a child as well as other damages.

Medical Malpractice

Parents of a newborn who is injured at birth due to a medical error may feel like their future has been stolen. Parents are often confronted by mounting medical bills, emotional trauma and the added stress of caring for their child. These families can be financially relieved by the outcome of a successful medical malpractice lawsuit which allows them to concentrate on their child’s health and recovery.

A medical malpractice claim is one that alleges the hospital, doctor or other healthcare provider breached their obligation of care. In the case of birth injury this means that a doctor or nurse committed a mistake prior to, during or after the birth, resulting in injury to the mother or child.

An experienced attorney for birth trauma will analyze the facts of your case to determine whether there was a breach of the duty of care. He or she will identify the parties responsible and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying the policies procedures, violations, and policies that occurred during pregnancy and delivery. A reliable birth injury law firm will also likely have resources such as medical databases as well as experienced staff members such as nurse case managers and medical experts.

The legal team will collect evidence to show that the medical professionals did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also make a detailed presentation of the damages to the jury so that they can understand how the injuries affected you and your family. Damages encompass both economic losses, like the cost for life of care as well as non-economic losses, like pain and suffering.

A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with the insurers and fight to get a fair settlement for your and your family. If a settlement is not reached, he or she will prepare for trial and present your case in front of a jury of your peers. A successful verdict could bring your family the financial compensation they need to cover your child's medical treatment and equipment, therapies, and modifications to their vehicle and home. It can also help with the cost of care resulting from your child's disability.

Compensation

The birth of a child can be a stressful and stressful experience for parents. It can become more difficult and exhausting if a child is injured as a result of medical negligence or error during the birth process. Fortunately, parents can bring a lawsuit against the hospitals and doctors at fault for the damages they endure. The damages can help cover costs for future care, treatment and equipment.

A birth injury lawyer will review the circumstances of your case and determine if medical negligence caused the injuries. Your attorney must prove the doctor's actions before and after the birth breached the accepted standards of professional practice in order to win compensation. This is usually done by looking over medical records and seeking professional opinions.

Many birth injuries can cause chronic and life-altering health issues. Depending on the severity of your child's injury lawyers near me is, it could require continuous medical treatment, therapy, medication and assistive devices. A successful claim will consider your child's estimated treatment needs throughout their life and seek out compensation to cover all of the costs.

In addition to the expense of medical bills, you may also seek compensation for other damages, such as emotional distress. These damages are more difficult to prove, but your attorney will be able to rely on the expertise of medical experts when assessing the damage, and award you a fair amount of money to cover the damage.

The majority of medical malpractice cases are settled outside of court, because the trial process can be emotionally draining and risky for the plaintiffs. In these cases the jury may be biased against hospitals and doctors. Therefore, it is more effective to settle outside of court.

A birth trauma lawyer can explain the statute of limitations in your state and help you meet these deadlines. He or she can advise you on how to find medical specialists in your area who will strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the nation and can handle cases across several states.

Time Limits

Like most lawsuits involving medical malpractice there are strict deadlines for filing a claim known as the statute of limitations. If a victim and their family miss the deadline, they forfeit their right to receive compensation for the injuries. An attorney for birth trauma can help families of victims to understand and comply with the statute of limitations to ensure that they don't lose out on financial recovery.

The timelines for a birth injury case differ by state and can be complicated to determine. Generally speaking, victims have two years to file a malpractice lawsuit from the date of the injury. Minors who are not able to file a claim by the age of 18 can be granted a longer time.

For cases in which the injuries aren't immediately evident, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the duration may be extended. This is because these ailments can take weeks or years to manifest. This is why it's crucial to speak with an experienced lawyer to handle a birth injury case as soon as possible.

Certain states also require notice of the lawsuit to be sent to the health care providers who are defendants within a specified period of time and can affect the time limit. A different statute of limitation could also apply if the health provider is an official of the public sector or an employee of a government agency.

Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors hospitals and other medical staff. After the lawsuit is filed and a case number is assigned, it will be assigned a case number and an investigation schedule.

Some birth injury cases are settled prior to trial. However, others go to the jury. A skilled birth trauma lawyer can assist clients to build strong cases and gather evidence to prove medical malpractice and obtain fair compensation for victims. While no amount can compensate a victim of their injury lawsuit, the funds gained through a successful lawsuit can ease some of the financial burdens associated with the treatment and care of an injured child or mother.