A Birth Trauma Attorney Can Help You File a Claim

A medical mistake during childbirth can have long-term implications for your family. A birth trauma lawyer can submit a claim and negotiate a settlement with insurance for you with the hospital or physician responsible.

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

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, but some could have been avoided by a hospital or physician who had exercised proper care in treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most common birth injuries that are preventable and can cause permanent disabilities. These conditions impact the motor skills of a child. They can be attributed to a number of causes, such as infections, uterine injuries or mismanaged labor and delivery.

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

A medical mistake during birth can also result in cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor's inability to recognize the signs of an emergency or the absence of a cesarean section when it is accompanied by fetal distress or complications in the vagina.

Other birth injuries may be caused by the use of instruments that aid during birth, like vacuum extractors or forceps. These tools are typically safe if used correctly however, if a doctor misuses them, it can result in serious head or facial injuries.

Another type of birth injury that is preventable involves the tear of a baby's brachial plexus, which are nerves that control arm and hand movement. These injuries occur when excessive stretching or pulling damage the nerves during labor and birth. The results can vary from temporary paralysis to total disability.

Families who suffer from these disabilities and others face significant expenses throughout their lives. They are able to pay for ongoing therapy medication and adaptive equipment, such as wheelchairs or walkers, special accommodations, and much more. A legal claim can't be able to reverse an injury, however it can help families obtain the resources they need and motivate health care workers to improve safety practices during the birthing process.

A California birth trauma attorney can assist families to file an action for medical malpractice to recover compensation for the harm they've suffered. These claims could compensate families for the cost of long-term medical care for their child, as well as other damages.

Medical Malpractice

If a medical error results in an injury to the birth the parents of the newborn might feel that their future was stolen from them. They may be faced with an increasing medical bill emotional trauma, the added stress of caretaking. A successful medical malpractice suit can bring financial relief to families in need, so they can focus on their child's health and recovery.

A medical malpractice case is one in which the hospital, doctor, or another healthcare provider violated their obligation of care. In the context of birth injuries it means that a doctor or a nurse committed a negligent act prior to, during or after delivery which resulted in injuries to the mother or child.

An experienced attorney with experience in birth trauma will examine your case to determine if there was a breach in the duty of care. He or birth injury attorney baltimore she will identify accountable parties and their policies. This involves obtaining medical records, obtaining expert opinions, and identifying policies and procedures that were not followed during the pregnancy and delivery. A reputable birth injury law firm will also likely have resources like medical databases and knowledgeable staff members, including nurse case managers and medical experts.

The legal team will collect evidence to prove that the medical professionals failed to meet the accepted standards of care that caused your child's birth injuries. The lawyer will also provide an in-depth damages presentation to your jury to understand how the injuries have affected you and your family. Damages can be based on economic losses such as the lifetime cost of medical care, as well as noneconomic losses like pain and suffering.

A highly rated birth injury lawyer will negotiate with the insurers on your behalf and fight to recover an equitable settlement for your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case in front of an audience of your peers. A successful verdict could grant your family the compensation required to cover treatments and equipment and even modifications to your vehicle and home. It could also help to cover the cost of your child's care for the rest of their life.

Obtaining Compensation

The birth of a child is a difficult and stressful moment for parents. It can be made even more stressful and exhausting when a child is injured by mistakes or medical negligence during the birth injury attorneys process. Parents may sue doctors and hospitals who are at fault for the harm they suffered. 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 negligence. In order to win compensation, your attorney must show that the doctor's actions before, during and after the birth of your child were in violation of the accepted standards of professional care. Usually, this can be done by examining the medical records and getting expert opinions.

Many birth injuries can cause chronic health issues that can change your life. Depending on the extent of your child's injuries they could require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will consider your child's projected lifetime treatment needs and will be able to obtain a fair amount of compensation for all of these costs.

You may also receive 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 fair amount of money to compensate for the harm.

The majority of medical malpractice cases are settled outside of court, because trials can be emotionally draining and dangerous for the plaintiffs. In these cases, the jury can become biased against hospitals and doctors. It is therefore more efficient to settle outside of court.

A birth trauma lawyer can help you understand the statute of limitations in your state and make sure that you adhere to these deadlines. He or she can guide you on how to locate the top medical professionals in your area to strengthen your case. Many birth trauma attorneys work for national law firms that have offices across the country and are able to handle cases across multiple states.

Time Limits

The statute of limitations is the same for the majority of lawsuits involving medical malpractice. If the family members of a victim fail to file their claim within the timeframe, they forfeit their right to receive compensation for the injuries. A birth trauma lawyer can help victims, their families and the court understand and comply with the statute of limitations to avoid losing financial recovery.

The timeframes for a birth injury lawsuit differ by state and can be a challenge to determine. In general, victims have up to two years from the date of their injury to file a malpractice suit. However, this can be extended for minors who are not able to file an action before turning 18.

In cases where the damage isn't evident immediately (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. This is due to the fact that these conditions can take weeks or years to manifest. It is essential to contact an experienced lawyer in the earliest time possible in a Birth injury attorney Baltimore injury case.

Some states require that a notice be delivered within a specific period of time to the defendant health providers that could also impact the statute. Furthermore when the health provider is a government entity or employed by an agency of the government an alternative statute of limitations could apply.

Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. Plaintiffs are the parents, while defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned a number and a date for the trial after it is filed.

Although settlements are typically reached prior to trial, some birth injury cases are able to go to a jury verdict. A skilled attorney for birth trauma can assist clients to build strong cases and gather evidence to prove medical negligence and obtain fair compensation for victims. While no amount will compensate a victim for their injuries, the funds received through a successful lawsuit can help alleviate some of the financial burdens associated with the care and treatment of an injured child or mother.