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A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth could have long-term effects for your family. A birth trauma lawyer can submit a claim and negotiate a settlement with insurance for you with the hospital or doctor accountable.

These funds can help provide the treatment or therapies your child will need throughout their lives. This can also help reduce the financial burden of caring for a child who has suffered injuries.

Prevention of Birth Injuries

Medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Some of these injuries are unavoidable, but others could have been avoided by a hospital or physician who had taken the proper precautions when treating the mother or child.

Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These conditions affect the motor abilities of a child and may be attributed to a number of causes, such as infections, uterine injuries, or a mishandled labor and delivery.

Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries can be avoided if doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid any complications that could result from preterm labor.

A medical mistake during the birth process can also cause oxygen deprivation in babies, leading to cerebral palsy and brain damage. These injuries are often due to a doctor's failure to recognize the signs of an emergency or the absence of a cesarean section when it is indicated by fetal distress, or other complications in the vagina.

Other birth injuries could be caused by the use of tools that aid in the birth process, such as vacuum extractors and forceps. These tools are safe if used correctly. However, if a doctor misuses them, they could cause serious facial or scalp injury.

Another form of birth injury that is preventable involves the tearing of a baby's brachial nerve which are nerves that regulate hand and arm movement. These injuries happen when excessive stretching or pulling damage the nerves during labor and birth. The disabilities that result can vary from temporary paralysis to total disability.

Families who suffer from disabilities like these face massive costs that last for a lifetime, including regular therapy and medication, adaptive equipment like walkers or wheelchairs, as well as special accommodations. A legal claim cannot change the outcome of an injury, but it can assist families in obtaining the resources they need and also motivate health professionals to improve safety practices during the birthing process.

An experienced California birth trauma lawyer can help families in filing a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the costs of long-term care for their child, as well as other damages.

Medical Malpractice

The parents of a baby who suffers birth injuries due to an error in medical care may feel like their future is in jeopardy. They may be faced with mounting medical bills, emotional trauma, and the added stress of caretaking. Families in these situations are financially reliant through an outcome in a medical malpractice case and can focus on their child’s health and recovery.

A medical malpractice instance is when a hospital, doctor or another healthcare provider is accused of breaching their duty of care. In the context of birth injury it means that a doctor or a nurse committed a negligent act prior to, during or after delivery which resulted in injury to the mother or child.

An experienced birth trauma attorney will review the facts of your case to determine whether there was a breach of duty of care. The attorney will determine the accountable parties and their policies. This involves obtaining medical records, obtaining expert opinions, and identifying policies and procedures that were violated during the pregnancy and delivery. A trusted birth injury law firm will likely have resources such as medical databases and experienced staff members including nurse case managers as well as medical experts.

The legal team will gather evidence to prove that the medical professionals failed to adhere to the accepted standard of care when they caused your child's birth injuries. The lawyer will also prepare an in-depth damages presentation to your jury to comprehend how the injuries have affected you and your family. Damages encompass both economic losses, like the cost of life of care and noneconomic loss, like suffering and pain.

A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with insurance companies and fight for 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 can bring your family the compensation they require to pay for the medical treatment of your child and equipment, therapies and even modifications to their home and vehicle. It could also help pay for the expenses of caring for your child for the rest of their life.

Compensation

Birthing a child can be an emotional and stressful experience for parents. It can become more difficult and draining when a child is injured as a result of errors or negligence in the birth process. Parents may sue doctors and hospitals that are responsible for the damages they have suffered. The damages could help pay for costs for future care, treatment and equipment.

A birth injury lawyer will examine your case to determine whether the injuries were the result of medical negligence. Your attorney must prove the doctor's actions prior to and after the birth violated accepted standards of professional practice to be able to claim compensation. Usually, this can be done by examining the medical records and seeking expert opinions.

Many birth injuries can result in long-term and life-altering health problems. Based on the severity of your child's injuries, they might require therapy or medication, as well as assistive devices and ongoing medical treatments. A successful claim will look at the estimated needs of your child's medical treatment over the course of their life and seek compensation to cover all the costs.

In addition to the cost of medical bills, you can also recover compensation for other damages, such as emotional distress. These damages are more difficult to prove, however your lawyer will be able to rely on the expertise of medical experts in assessing the damage and award you a reasonable amount of money to cover the damage.

Most medical malpractice claims are settled out of court, because trials can be emotionally draining and dangerous for the plaintiffs. The jury could easily become biased against doctors and hospitals in these cases, and it's generally more efficient to settle out of court.

A birth trauma lawyer can assist you in understanding the statute of limitations for your state and ensure you comply with these deadlines. He or she can help you locate the best medical experts in your area to help strengthen your case. Many birth trauma lawyers work for national law firms with offices across the nation. They can manage cases from several states.

Time Limits

As with most lawsuits involving medical negligence, there are strict time limits for filing a claim, also known as the statute of limitations. If the family of the victim fail to meet the deadline, they lose their right to receive compensation. A birth trauma lawyer injury can assist victims and their families, as well as the court to understand and comply with the statutes of limitation to avoid losing financial recovery.

The timelines in the case of a birth injury lawsuit differ from state to state and can be difficult to determine. In general victims have two years from the date of their injury claim lawyer to file a malpractice claim. Minors who are not able to make a claim before the age of 18 could be granted a longer time.

For cases in which the injuries aren't immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions such as cerebral palsy, the timeframe can be extended. This is because these conditions can take weeks or even years to manifest. It is crucial to speak with a lawyer with experience as soon as you can in a birth injury case.

Some states require that a notice be delivered within a specific timeframe to the defendant health providers that could also impact the statute. A different statute of limitations could also apply if the health provider is an entity that is a public body or an employee of a government agency.

Medical malpractice lawsuits can be filed in the county court where the negligent act occurred. The plaintiffs are parents, and the defendants are their doctors, hospitals and other medical staff. The lawsuit will be assigned an id number and a date for the trial once it is filed.

While settlements are usually reached prior to trial however, some birth injury cases are able to go to the verdict of a jury. A skilled birth trauma attorney can help clients create an effective case and gather necessary evidence to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim for their injuries, the funds received through a successful lawsuit may help alleviate some of the financial burdens associated with the care and treatment of a child injured or mother.