A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can result in long-term implications for your family. A birth trauma attorney can make a claim against the hospital and doctor responsible, and negotiate an insurance settlement on your behalf.

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

Birth Injury Prevention

Medical professionals who treat women during pregnancy and childbirth could make mistakes that result in birth injuries. Some of these injuries are inevitable, but some could have been avoided if the physician or hospital had taken the proper precautions when treating the mother or child.

Cerebral Palsy and Erb's Palsy can cause lifelong disabilities. These conditions impact the motor skills of a child and can be attributed to a number of different causes, including infections, uterine trauma, or mismanaged labor and delivery.

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

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

Other birth injuries are related to the use of tools for birth such as forceps or vacuum extractors. These tools are typically safe if used correctly but if a doctor misuses them, it can cause serious head or facial injuries.

Another type of birth injury that is preventable is the tearing of the brachial plexus. These are nerves that control the hand and arm movements of newborns. These injuries can be caused by excessive pulling or stretching during labor. The resulting disabilities range from temporary weakness to complete paralysis.

Families with disabilities such as these have to pay for significant costs throughout their lives. They are able to pay for ongoing therapy, medications and adaptive equipment like walkers or wheelchairs, special accommodations, and so on. A legal claim will not alter the severity of an injury, but it can help families access the assistance they require, and encourage health care workers to improve their safety procedures during the birthing process.

A skilled California birth trauma lawyer can assist families in filing a medical negligence claim to recover compensation for their losses. These claims can help families pay for the cost of long-term care for a child and other damages.

Medical Malpractice

If a medical error causes an injury to the birth the parents of the newborn may feel like their entire life was stolen from them. They often face an increasing medical bill as well as emotional trauma and the added burden of caring for their child. These families can benefit financially from an outcome in a medical malpractice case, allowing them to focus on their child’s health and recovery.

A medical malpractice instance is when a doctor, hospital or another healthcare provider is accused of breaching their duty of care. In the context of birth injury this means that a doctor or a nurse committed a negligent action prior to, during, or after fort collins birth injury attorney that caused injuries to the mother or child.

An experienced birth trauma attorney will examine the facts of your case to determine if there was a breach of duty of care. He or she will identify the parties accountable and their insurance policies. This involves accessing medical records, getting expert opinions and identifying policies procedures, violations, and policies that occurred during pregnancy and birth. A reputable law firm dealing with birth injuries is likely to have databases for medical issues and a team of experts including nurses and case managers as well as doctors.

The legal team will gather evidence to prove the medical professionals did not meet the accepted standard of care that caused the birth injuries of your child. The lawyer will also provide an extensive damages report for the jury to see how the injuries have impacted you and your family. Damages can include economic losses such as lifetime costs of medical care, as well as noneconomic losses like pain and suffering.

A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight to get an equitable settlement for you and your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case before a jury of your peers. If the verdict is successful, it could provide your family the money required to cover medical treatments, therapies and equipment and even modifications to your vehicle and home. It could also help with the costs of care due to your child's disability.

Finding Compensation

The birth of a baby is a stressful and emotional moment for parents. If a child gets injured during the birth due to mistakes or medical negligence it could be more difficult. Fortunately, parents can bring a lawsuit against the at-fault hospital and doctors for the damages they suffer. The compensation can be used to pay for future costs for birth trauma attorney care, treatment, and equipment.

A birth injury lawyer can examine your case to determine if the injuries resulted from medical negligence. In order to win the compensation you deserve, your lawyer must demonstrate that the actions of the doctor prior to, during and following the birth of your child was in violation of the standards of professional medical care. Usually, this can be done by examining the medical records and seeking expert opinions.

Many birth injuries can cause long-term health issues that could alter your life. Depending on the extent of your child's injuries they might require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will take into account your child's estimated requirements for treatment throughout their lifetime and seek sufficient compensation to pay for all of these costs.

You may also receive compensation for non-economic losses such as emotional distress. These damages are harder to prove, but an attorney can rely on medical experts to assess the damage and determine a reasonable amount to compensate you for the harm.

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

A birth trauma attorney can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also advise you on how to locate medical professionals in your area who can help strengthen your case. Many birth trauma lawyers are employed by national law firms with offices across the country. They are able to handle cases from multiple states.

Time Limits

As with all lawsuits involving medical malpractice there are strict time limits to file a claim, referred to as the statute of limitations. If the family and victim fail to meet the deadline, they lose their right to compensation. A birth trauma attorney birth injury can help families and victims learn about and comply with the statute of limitations, so that they don't forfeit on financial recovery.

The timeframes for a birth injury lawsuit differ by state and can be difficult to determine. In general the state of California, victims have two years from the date of their injury to file a malpractice suit. However, this time frame is usually extended for minors in the event that they are not able to file an action before turning 18.

In cases where the injuries aren't immediately evident like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeline can be longer. This is because these conditions can take weeks or birth trauma attorney years to show up. It is crucial to speak with an experienced lawyer in the earliest time possible in a birth injury claim.

Certain states require that a notification be sent within a certain time frame to the defendant health providers that could also impact the statute. Furthermore when the health care provider is a government entity or employed by an agency of the government the statute of limitations could be in place.

Medical malpractice lawsuits may be filed at the county court where the negligent act occurred. Plaintiffs are the parents, whereas the defendants are their doctors, hospitals and other medical staff. The lawsuit will be assigned an identification number and a time for trial after it is filed.

Some birth injury cases can be resolved prior to trial. Others go to the jury. A skilled birth trauma attorney can assist clients in constructing a strong case and gather necessary evidence to establish medical negligence and get an appropriate amount of compensation for the victim. While no amount can compensate a victim of their injuries, the money gained through a successful lawsuit may help alleviate some of the financial burdens that come with the treatment and care of a child injured or mother.