A Birth Trauma Attorney Can Help You File a Claim

A medical error during childbirth can result in long-term implications for your family. A birth trauma lawyer can make a claim and negotiate a settlement with insurance for you against the doctor or hospital responsible.

These funds can be used to pay for the treatments that, therapies and medications your child will require throughout his or her life. This can also help ease the financial burden of caring for a child who has suffered injuries.

Prevention of Birth Injuries

Medical professionals who treat a woman during pregnancy and childbirth can make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, some could have easily been prevented by a doctor or hospital if they took the proper precautions when treating the mother.

Cerebral palsy and Erb's palsy are two of the most common preventable birth injuries that can cause permanent disabilities. These disorders affect children's motor skills and can be caused by a variety of causes like infections, uterine trauma or a poorly-managed labor and birth.

Premature birth can cause serious birth injuries like fractures or hematomas. These injuries can be prevented by having a doctor observe the cervix throughout pregnancy and take the necessary steps to prevent complications from preterm labor.

A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually due to a doctor's failure to recognize the signs of an emergency or a lack of a cesarean section when it is accompanied by fetal distress or complications in the vagina.

Other birth injuries are due to the use of tools for birth such as forceps and vacuum extractors. These tools are generally safe when used correctly however, if a doctor abuses them, it could cause serious facial or scalp injuries.

Another form of birth injury that is preventable involves the tearing of the brachial plexus in a newborn's birth, which are nerves that regulate hand and arm movement. These injuries happen when excessive pulling or stretching damages the nerves during labor and delivery. The resulting impairments range from a temporary weakness to total paralysis.

Families with disabilities such as these have to pay for significant costs throughout their lifetime. These include ongoing therapy medication 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 assistance they require, and encourage health care workers to enhance their safety practices during the birthing process.

A seasoned California birth trauma lawyer can help families in submitting a medical malpractice claim to obtain compensation for their losses. These claims can reimburse a family for the cost of a child's ongoing treatment and other damages.

Medical Malpractice

When a medical mistake results in a birth injury the parents of the baby might feel that their future was stolen from them. Parents are often confronted by mounting medical costs as well as emotional trauma and the stress that comes with caring for their child. These families are financially reliant through an outcome in a medical malpractice case which allows them to concentrate on their child's health and recovery.

A medical malpractice case is one in which a hospital, doctor or any another healthcare provider violated their obligation of care. In the case of birth injury this means that a doctor or a nurse committed a negligent act prior to, or during, or following birth that caused injury lawsuit to the mother or child.

An experienced attorney for birth trauma will analyze the facts of your case to determine if there was a breach of duty of care. The attorney will determine the parties responsible and their insurance policies. This involves obtaining medical records, seeking expert opinions, and identifying policies and procedures that were not followed during the pregnancy and delivery. A reliable birth injury law firm will likely have resources like medical databases and experienced staff members, including nurse case managers as well as medical experts.

The legal team will gather evidence to show that the medical providers did not meet the standards for care, resulting in birth injuries to your child. The lawyer will also provide a detailed damages presentation for the jury to see how the injuries affected you and your family. Damages could include economic costs like the cost of lifetime care, as well as non-economic losses like pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for your and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case in front of an audience of your peers. A successful verdict could grant your family the funds required to cover medical treatment and equipment and also for modifications to your home and vehicle. It can also help cover the expenses of caring for your child for the rest of their life.

Compensation

The birth of a child is a difficult and stressful time for parents. If a child gets injured during delivery due to mistakes or medical negligence, it can be even more difficult. Fortunately parents are able to file a lawsuit against at-fault doctors and hospitals for the damages they suffer. The damages can be used to cover future costs of care, treatment and equipment.

A birth injury lawyer can analyze your case to determine if the injuries were caused by medical malpractice. To win compensation, your attorney must show that the doctor's actions prior to, during and after the birth of your child violated the accepted standards of professional care. This is usually done by reviewing medical records and obtaining professional opinions.

Many birth injuries can lead to long-term and life-altering health problems. Based on the severity of the injury of your child is, it may require continuous 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 losses that are not economic, like emotional distress. These damages are more difficult to prove, however your lawyer will be able to count on the expertise of medical experts when assessing the damage and then award you a fair amount of money to cover this harm.

The majority of medical malpractice cases are settled out of court because a trial can be emotionally draining and dangerous for the plaintiffs. In these situations the jury may be biased against hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom.

An attorney for birth trauma can explain the statute of limitations in your state and assist you meet these deadlines. He or she can also guide you on how to locate the best injury lawyer near me 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 are able to handle cases from a variety of states.

Time Limits

As with all lawsuits involving medical malpractice there are strict time limits for filing a claim, also known as the statute of limitations. If the family and victim miss the deadline they lose their right to compensation. An attorney for birth trauma can assist victims and their families be aware of and adhere to the statute of limitations, so that they don't forfeit on a financial recovery.

The timelines for a birth injury lawsuit claim vary from state to state and can be difficult to determine. Generally speaking, victims have two years to file a malpractice suit within two years of the date of the injury. However, this time frame is usually extended for minors in the event that they are not able to file a claim before they turn 18.

In cases where the injury isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions may take several weeks or even several years to be apparent. It is important to contact an experienced lawyer in the earliest time possible in a birth injury law firm case.

Certain states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a specified time frame, which can also affect the time limit. A different statute of limitations may also apply in the event that the health care provider is a public entity or an employee of an agency of the government.

Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. Plaintiffs are the parents, while 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 as well as an investigation schedule.

Some birth injury cases are resolved before trial. Others are decided by a jury. A skilled birth trauma attorney can assist clients in constructing solid arguments and gather the evidence needed to prove medical negligence and obtain fair compensation for the victim. Although no amount can compensate a victim of their injuries, the funds gained through a successful lawsuit can ease some of the financial burdens that come with the treatment and care of an injured child or mother.