A Birth Trauma Attorney Can Help You File a Claim

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

These funds can be used to pay for your child's lifelong treatments, therapies, and medications. It also helps ease the financial burden that often is associated with caring for an injured child.

Prevention of Birth Injuries

Medical specialists who treat pregnant women and children could make mistakes that can lead to birth injuries. Certain birth injuries are inevitable. However, other birth injuries could have easily been avoided if the hospital or physician took the proper precautions when treating the mother.

Cerebral palsy and Erb's Palsy are two of the most frequently preventable birth injuries that can lead to lifelong disabilities. These conditions impact a child's motor abilities and can be caused by a variety of causes such as infections, uterine injury, or a poorly managed labor and birth.

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

A medical mistake during birth can cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor's inability to recognize signs of an emergency, or not performing a cesarean birth when the baby is in distress or vaginal complications are present.

Other birth injuries can result from the use of tools to aid in the birth injury settlement process, such as vacuum extractors or forceps. These tools are usually safe when used properly however, if a doctor misuses them, it can cause serious scalp 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 a newborn. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities vary from temporary weakness to complete paralysis.

Families who suffer from these and other disabilities are faced with significant costs that can last all their lives, which includes ongoing therapy and medications and adaptive equipment such as walkers or wheelchairs, and special accommodations. Legal claims cannot reverse an injury, but it can help families obtain the help they require and encourage health care professionals to improve their safety practices during the birthing process.

A California birth trauma lawyer can help families file an medical malpractice lawsuit to recover compensation for the losses they have suffered. 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 causes a birth injury, the parents of the child may feel their entire future was taken away from them. They are often faced with increasing medical bills as well as emotional trauma and the added stress of caretaking. A successful medical malpractice suit can provide financial relief for these families so they can concentrate on their child's health and recovery.

A medical malpractice claim is one that alleges a hospital, doctor or another healthcare provider violated their duty of care. In the case of birth injuries, this means that a doctor or nurse made an act of negligence prior to or during the birth, resulting in an injury to the mother or baby.

An experienced attorney for birth injury medical malpractice attorney trauma will examine the facts of your case to determine whether there was a breach of duty of care. The attorney will determine the accountable parties and their policies. This will require accessing the medical records, obtaining expert opinions and identifying the policies, procedures, and violations that were committed during pregnancy and during delivery. A trusted 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 evidence to prove that the medical providers did not meet the accepted standards for treatment, which led to birth injuries to your child. The lawyer will also present a detailed presentation of the damages to the jury to help them comprehend how the injuries affected your family and yourself. Damages can be based on economic losses such as lifetime costs of care, as well as non-economic losses such as pain and suffering.

A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with insurers and fight to get a fair settlement for your and your family. If no settlement is reached the lawyer will prepare your case for trial and present the case to a jury of peers. If the verdict is successful, it could provide your family the funds needed to pay for treatments, therapies and equipment and even modifications to your home and vehicle. It can also assist with the costs of care due to your child's disability.

Obtaining Compensation

The birth of a baby is a stressful and emotional time for parents. It can be even more difficult and draining when a child is injured as a result of errors or negligence in the delivery process. Fortunately parents can bring a lawsuit against the hospitals and doctors at fault for the harm they endure. The damages can help cover costs for future care, treatment, and equipment.

A birth injury lawyer will examine your case to determine if the injuries were caused by medical negligence. Your attorney must prove the actions of the doctor prior to and after the birth injury attorney bronx violated the standards of practice for professionals to be able to claim compensation. This is usually done by looking over medical records and seeking professional opinions.

Many birth injuries can result in chronic and life-altering health issues. Based on the severity of your child's injury is, it could require ongoing medical treatment, therapy, birth injury Settlement medication and assistive devices. 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 expenses.

In addition to the cost of medical bills, you may also recover compensation for non-economic damages such as emotional distress. These damages are more difficult to prove, however your attorney will be able to count on the expertise of medical experts when assessing the damage and award you a fair amount of money to compensate the harm.

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

A birth trauma lawyer can assist you in understanding the statute of limitations in your state and make sure that you adhere to these deadlines. He or she can also advise you on how to locate medical specialists in your region who can help strengthen your case. Many birth trauma attorneys are employed by national law firms with offices across the nation and are able to handle cases across multiple states.

Time Limits

As with most lawsuits involving medical malpractice there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and their family miss the deadline, they forfeit their right to claim compensation for the injuries. A birth trauma lawyer can assist victims and their families, as well as the court understand and abide with statutes of limitations to ensure that they do not lose financial compensation.

The timelines in the case of a birth injury lawsuit differ from state to state and are difficult to determine. In general victims have two years from the date of their injury to file a malpractice claim. Minors who cannot start a claim until the age of 18 can have this time extended.

In cases where the injury isn't immediately obvious (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions can take several weeks or even years to manifest. This is why it's crucial to speak with an experienced lawyer for a birth injury case as soon as you can.

Some states require that notice be sent within a certain period of time to the health providers who are defendants, which may also affect the statute. Additionally in the event that the health care 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 region where the negligence occurred. Plaintiffs are parents, while the defendants are their doctors hospitals, and other medical personnel. The lawsuit will be assigned a number and a date for the trial once it is filed.

Some birth injury cases can be resolved prior to trial. But, other cases are decided by a jury. An experienced birth trauma lawyer can assist clients in constructing solid arguments and gather evidence necessary to prove medical negligence and obtain an appropriate amount of compensation for the victim. While no amount of money will compensate a victim for their injuries, the funds gained through a successful lawsuit can ease some of the financial burdens associated with the care and treatment of a child who has been injured or mother.