A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can have long-term effects for your family. A birth trauma attorney can file an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf.

The funds can be used to help provide your child with a life-long treatment or therapies as well as medications. It can also alleviate the financial burden that typically is associated with caring for a wounded child.

Birth Injury Prevention

Medical specialists who treat pregnant women and children could make mistakes that result in birth injuries. Some of these injuries are unavoidable however, others could have been avoided by a hospital or physician who was able to exercise proper care when treating the mother or child.

Cerebral palsy and Erb's palsy can lead to permanent disabilities. These disorders affect children's motor skills and are caused by a variety of factors, including infections, uterine injury, or a poorly managed labor and birth.

Premature birth can cause serious birth injuries like 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 resulting from preterm labor.

A medical error at birth can also result in cerebral palsy and brain damage in newborns. These injuries are often due to a doctor's failure to detect the signs of an emergency situation or a lack of a cesarean section if it is accompanied by fetal distress or problems in the vagina.

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

Another kind of birth injury that is preventable is the tear of the brachial plexus. These are nerves that control the hand and arm movements of newborns. These injuries occur when excessive stretching or pulling damages the nerves during labor and delivery. The resulting disabilities range from a temporary weakness to total paralysis.

Families dealing with these and other disabilities face massive costs that last for throughout their lives, including regular therapy and medication and adaptive equipment such as walkers or wheelchairs, as well as special accommodations. A legal action will not reverse an injury but it can help families get the help they require and help health care professionals to enhance their safety practices during childbirth.

A California birth trauma attorney can help families file an medical malpractice lawsuit to recover compensation for the damages they've suffered. These claims could compensate families for the costs of a child's long-term treatment as well as other damages.

Medical Malpractice

If a medical error results in an injury to the birth the parents of the child may feel like their entire life was stolen from them. Parents are often confronted by mounting medical costs as well as emotional trauma and the added stress of caring for their child. A successful medical malpractice suit can provide financial relief for families, allowing them to concentrate on their child's health and recovery.

A medical malpractice case is one that alleges a hospital, doctor, or another healthcare provider violated their duty of care. In the case of birth injuries this means that a doctor or nurse committed a mistake prior to, or during, or following delivery which resulted in injury to the mother or child.

An experienced attorney with experience in birth trauma will analyze your case to determine if there was a breach of the duty of care. He or she will identify responsible parties and their policies. This involves accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that occurred during pregnancy and birth. A reputable law firm for birth injuries is likely to have databases of medical information and a team of experts including doctors and nurse case managers.

The legal team will gather evidence to prove the medical professionals did not adhere to the accepted standard of care that caused your child's birth injuries. The lawyer will then present an extensive explanation of damages to the jury so that they can comprehend how the injuries affected your family and yourself. Damages could include economic costs such as the lifetime cost of care, as well as non-economic losses such as pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with insurers and fight for a fair settlement for your and your family. If a settlement cannot be reached the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict can bring your family the compensation they need to pay for the medical treatment of your child, therapies, equipment and even 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 difficult and stressful experience for parents. If a child is injured during delivery due to medical negligence or error this can be more difficult. Parents may sue doctors and hospitals who are at fault for the harm they suffered. The damages could help pay for expenses for future medical treatment and equipment.

A birth injury attorney can examine the details of your case and determine if malpractice in the medical field caused the injuries. In order to win the compensation you deserve, your lawyer must prove that the doctor's actions before, during and after the birth of your child was in violation of the standards of professional medical care. This can be accomplished by looking over medical records and seeking expert opinions.

Many birth injuries can cause chronic health issues that can change your life. Depending on how severe the injury of your child is, it could require continuous medical treatment, therapy, medications and assistive devices. A successful claim will look at the treatment needs of your child over the course of their lifetime and seek compensation to cover all these expenses.

You may also be eligible for compensation for non-economic losses 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 when assessing the damage, and award you a fair amount of money to cover the damage.

Medical malpractice cases are typically settled out of court because the trial process is risky, stressful and emotionally taxing for plaintiffs and their families. The jury can easily become biased against hospitals and doctors in these types of cases, and it is often more efficient to settle out 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 also help you find the best injury lawyer near me medical specialists in your region to strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the nation. They are able to handle cases from a variety of states.

Time Limits

As with all lawsuits involving medical negligence, there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and family do not meet the deadline, they forfeit their right to compensation. A birth trauma attorney can help victims and their families understand and comply with the statute of limitations so that they don't lose out on financial recovery.

The timelines in a birth injury claim vary from state to state and are difficult to determine. In general, victims have up to two years from the date of injury to file a malpractice claim. However, this time frame is usually extended for minors in the event that they are unable to file a claim before they turn 18.

For cases in which the injuries aren't immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the duration could be longer. This is due to the fact that these conditions can take weeks or years to show up. This is why it is so important to contact an experienced lawyer to handle a birth injury lawyers near me case as soon as possible.

Some states also require a written notice of the lawsuit to be provided to the defendant health care providers within a set period of time that can also impact the time limit. Furthermore when the health provider is a government entity or employed by a government agency the statute of limitations could apply.

Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. The plaintiffs are parents, and the defendants are their doctors hospitals, and other medical personnel. After the lawsuit is filed, it will be assigned a case number as well as an investigation schedule.

Some birth injury cases can be resolved prior to trial. But, other cases go to a jury. An experienced birth trauma lawyer can help clients build a strong case and gather evidence necessary to establish medical negligence and get fair compensation for the victim. The injuries of a victim can't be compensated with money, however the funds that are received through a successful lawsuit can help alleviate the financial burdens of a mother and child who is injured.