A Birth Trauma Attorney Can Help You File a Claim

A medical mistake during childbirth could have long-term implications for your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for birth injury Legal assistance you against the doctor or hospital responsible.

These funds can provide the treatment that, therapies and medications your child will need throughout his or her life. It also helps ease the financial burden that typically comes with caring for an injured child.

Birth Injury Prevention

Medical specialists who treat a woman during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, others could have easily been avoided if the hospital or physician had taken proper care when treating the mother.

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

Premature birth may also cause serious birth injuries, like fractures or hematomas. These injuries can be prevented if doctors monitor the cervix during pregnancy and take the proper steps to avoid complications that may result from preterm labor.

A medical error during the birth process could result in the loss of oxygen to babies, leading to brain damage and cerebral palsy. These injuries are often caused by a doctor's inability to recognize the symptoms of an emergency or the absence of a cesarean section when it is indicated by fetal distress or complications in the vagina.

Other birth injuries could result from the use of instruments that aid during birth, like forceps or vacuum extractors. These tools are safe if used correctly. However, if a doctor misuses them it can cause serious facial or scalp injury.

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

Families with these and other disabilities are faced with substantial costs throughout their lives. These include ongoing therapy medication, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and more. A legal action will not alter the severity of an injury, but it can assist families in getting the resources they need and also encourage health professionals to improve their safety practices during childbirth.

An experienced California birth trauma lawyer can help families in submitting a medical malpractice claim to seek 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

Parents of a newborn who suffers birth injury legal Assistance injuries due to a medical error may feel that their future is in jeopardy. They may be faced with an increasing medical bill as well as emotional trauma and the added stress of caretaking. Families with financial strains are financially reliant through a successful medical malpractice case and can focus on their child’s health and recovery.

A medical malpractice case is one where the hospital, doctor or another healthcare provider is accused of not fulfilling their obligation to care. In the context of birth injury, this means a physician or a nurse committed a negligent act prior to, or during, or following the birth, resulting in injury to the mother or child.

An experienced attorney for birth trauma will analyze your case to determine if there was a breach in the duty of care. He or she will identify the parties accountable and their insurance policies. This requires accessing medical records, getting expert opinions and identifying the policies procedures, policies, and violations that occurred during pregnancy and birth. A reliable birth injury law firm will also likely have resources such as medical databases as well as experienced staff members including nurse case managers as well as medical experts.

The legal team will gather proof to prove that the medical providers did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also present a detailed presentation of damages to the jury so that they can understand how the injuries affected your family and you. Damages can include both economic losses, like the cost for life of care, as well as non-economic loss, like suffering and pain.

A highly rated birth injury lawyer will negotiate with the insurers on your behalf and fight for a fair settlement for your family. If no settlement is reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict could grant your family the money needed to pay for medical treatment, therapies and equipment and also for modifications to your home and vehicle. It could also help pay for the cost of your child's care throughout their life.

Obtaining Compensation

Birthing a child can be an emotional and stressful experience for parents. If a child gets injured during delivery due to errors or negligence in the medical field this can be more difficult. Fortunately parents can file a lawsuit against at-fault doctors and hospitals for the damages they endure. The damages can help cover costs for future care, treatment, and equipment.

An attorney for birth injuries will review the facts of your case and determine if malpractice in the medical field caused the injuries. Your attorney must prove the actions of the doctor before and after the birth violated accepted standards of professional practice in order to win compensation. Typically, this is accomplished by looking over the medical records and seeking expert opinions.

A variety of birth injuries can lead to long-term health problems that can change your life. Depending on the severity of your child's injuries, they could require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will consider the estimated needs of your child's medical treatment over their lifetime and seek compensation to cover all of the costs.

You may also be eligible for compensation for non-economic losses, like emotional distress. These are more difficult to prove, however an attorney can depend on medical experts to assess the damages and award an appropriate amount to compensate you for the harm.

Medical malpractice cases are typically settled out of court because the trial process is stressful, risky and emotionally taxing for plaintiffs and their families. The jury could easily become biased against doctors and hospitals in these types of cases, which is why it is generally more efficient to settle the case outside of court.

A birth trauma lawyer can help you understand the statute of limitations for your state and ensure that you meet these deadlines. He or she can also help you locate the top medical professionals in your area to help strengthen your case. Many birth trauma lawyers work for national law firms with offices across the country. They can handle cases from a variety of states.

Time Limits

The time limit for filing a lawsuit is the same as with most lawsuits that involve medical malpractice. If the victim and family miss the deadline they lose their right to a fair compensation. A birth trauma attorney can assist victims and their families be aware of and adhere to the statute of limitations to ensure that they don't miss out on financial compensation.

The timelines in a birth injury attorney colorado springs injury claim vary from state to state and are difficult to determine. In general victims have two years from the date of the injury to file a malpractice lawsuit. Minors who are unable file a claim by the age of 18 can have this time extended.

For instances where injuries are not immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the timeframe could be extended. These conditions may take several weeks or even several years to be apparent. It is essential to contact a lawyer with experience in the earliest time possible in a birth injury case.

Certain states also require a written notice of the lawsuit to be sent to the defendant health care providers within a certain time frame that can also impact the statute of limitations. A different statute of limitations may also apply in the event that the health care provider is an entity that is a public body or an employee of a government agency.

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

Some birth injury cases are settled before trial. However, others go to the jury. A skilled lawyer for birth trauma can help clients build strong cases and gather evidence to prove medical malpractice and obtain fair compensation for the victims. Although no amount can compensate a victim of their injuries, the money obtained through a successful lawsuit can reduce some of the financial burdens that come with the care and treatment of an injured child or mother.