A Birth Trauma Attorney Can Help You File a Claim

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

These funds can help pay for the treatments or therapies your child will need throughout his or her life. This can also help reduce the financial burden of caring for children who have suffered injuries.

Prevention of Birth Injuries

The medical doctors who treat women during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, other birth injuries 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 can cause lifelong disabilities. These conditions impact a child's motor skills and are caused by a variety of causes like infections, uterine trauma or a poorly controlled labor and delivery.

Premature birth can also cause serious birth injuries, including hematomas or fractures. These injuries are preventable when doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that may arise from preterm labor.

A medical error during the birth process could cause oxygen deprivation in babies, leading to brain damage and cerebral palsy. These injuries are usually caused by a doctor's inability to recognize the symptoms of an emergency or a deficiency of a cesarean section when it is accompanied by fetal distress or problems in the vagina.

Other birth injuries can be attributed to the use of tools for birth such as forceps and vacuum extractors. These tools are generally safe when used properly but if a doctor misuses them, it can lead to serious scalp or facial injuries.

Another type of birth injury that can be prevented is the tearing of the brachial plexus. These are nerves which control the hand and arm movements of the newborn. These injuries can be caused by excessive pulling or stretching during labor. The resultant disabilities vary from temporary weakness to total paralysis.

Families with these and other disabilities face significant expenses throughout their lives. This includes continuing therapy medication, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and so on. A legal claim will not reverse an injury but it can help families get the help they require and also encourage health professionals to enhance their safety practices during childbirth.

An experienced California birth trauma lawyer can assist families in filing a medical negligence claim to obtain compensation for their losses. These claims can compensate families for the cost of long-term medical care for a child as well as other damages.

Medical Malpractice

When a medical error results in an injury to the birth the parents of the newborn might feel that their future was taken away from them. They are often faced with increasing medical bills emotional trauma, the added stress of caretaking. A successful medical malpractice lawsuit can provide financial relief to these families so they can focus on their child's health and recovery.

A medical malpractice claim is one that asserts that a hospital, doctor or any other healthcare provider breached their obligation of care. In the case of birth injuries, this means a physician or nurse committed a mistake prior to, or during, or following delivery which resulted in injury law firm to the mother or child.

An experienced lawyer for birth trauma will analyze your case to determine whether there was a breach in the duty of care. The attorney will determine the responsible parties and their insurance policies. This requires access to medical records, seeking expert opinions, and identifying the policies and procedures that were not adhered to during the pregnancy and birth. A reputable law firm dealing with birth injuries is likely to have databases for medical issues and personnel with experience including nurses and case managers as well as doctors.

The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards for treatment, which led to birth injuries to your child. The lawyer will also present an extensive explanation of damages to the jury to ensure they comprehend how the injuries impacted your family and yourself. Damages include both economic losses, such as the lifetime costs of care as well as non-economic losses, like pain and suffering.

A highly rated birth injury lawyer will negotiate with insurers on your behalf and fight for a fair settlement for 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 could grant your family the money they need to cover your child's medical treatment, therapies, equipment and other modifications to their home and vehicle. It can also assist with the lifelong cost of care resulting from your child's disability.

Finding Compensation

The birth of a baby can be an emotional and overwhelming experience for parents. It can be made even more difficult and exhausting when a child is injured by mistakes or medical negligence during the delivery process. Parents may sue doctors and hospitals who are at fault for the injuries they've suffered. The compensation can be used to cover costs for future care, treatment and equipment.

An attorney for birth injuries can review the facts of your case and determine if medical negligence caused the injuries. To be able to claim compensation, your lawyer injury must prove that the doctor's actions prior to, during and after the birth of your child were in violation of the standards of professional medical care. Usually, this is done by reviewing the medical records and seeking expert opinions.

A variety of birth injuries can lead to chronic health issues that can alter your life. Based on the extent of your child's injuries they might require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will look at the treatment needs of your child over their life and seek compensation to cover all these costs.

In addition to the expense of medical bills, you can also seek compensation for non-economic losses like emotional distress. These damages are more difficult to prove, but your lawyer will be able to rely on the expertise of medical experts in assessing the damage and then award you a reasonable amount of money to compensate the damage.

Most medical malpractice claims are settled outside of court, because the trial process can be stressful, emotionally draining and risky for the plaintiffs. In these situations the jury may become biased against hospitals and doctors. Therefore, it is more efficient to settle outside of court.

A lawyer for birth trauma can assist you in understanding the statute of limitations in your state and make sure that you meet these deadlines. He or she can advise you on how to locate the top medical professionals in your region to strengthen your case. Many birth trauma lawyers are employed by national law firms with offices across the nation. They are able to manage cases from several states.

Time Limits

The time limit for filing a lawsuit is the same as with the majority of lawsuits involving medical malpractice. If the victim and family miss the deadline they lose their right to a fair compensation. A birth trauma lawyer can help victims and their families, as well as the court understand and comply with statutes of limitations to ensure that they do not lose financial compensation.

The timelines for a birth injury lawsuit vary from state to state and can be difficult to determine. In general, victims have up to two years from the date of the injury to file a malpractice claim. However, this can be extended for minors who are incapable of filing 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 timeline may be longer. These conditions may take several weeks or even several years to manifest. This is why it is so important to contact an experienced lawyer for a birth injury case as soon as possible.

Certain states require that a notification be sent within a certain time frame to the defendant health providers that could also impact the statute. A different statute of limitation may also apply when the health provider is an entity that is a public body or an employee of a government agency.

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

Some birth injury cases are resolved prior to trial. Others require an appeals court. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical malpractice and obtain fair compensation for the victims. While no amount of money will compensate a victim for their injury lawyers, the funds received through a successful lawsuit could reduce some of the financial burdens associated with the treatment and care of an injured child or mother.